C100343 Contract

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

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' • 'WHEREAS, water project proponents provide additional funds by making a one-time payment to
the U. S. Fish& Wildlife Service (Service) based on the average annual depletion of a project that
completes consultation pursuant to Section 7(a)2 of the Endangered Species Act of 1973, as
amended. The amount paid is specified in the biological opinion for each water project which
causes a depletion of water from the Upper Colorado River system. Ten percent of the funds will
be payable upon completion of the Federal action which initiated the consultation (e.g., issuance of
a 404 permit); the balance will be due at the time of construction or prior to the occurance of the
stream depletions. Funds from these contributions are to be deposited with the Foundation and
applied as directed by the UCRIP or SJRIP, and
WHEREAS, both the UCRIP and SJRIP have a provision for the donation of funds from private
parties, including conservation groups. These donations are deposited with the Foundation.
Private donations may be considered part of the state and local cost share required by the Long-
term Funding Legislation and used for priority recovery activities as agreed to by the donor, the
Service, and/or the respective Recovery Implementation Program, and
WHEREAS, the role of the Foundation in the Recovery Programs has been previously defined
with respect to depletion charges and contributions and indicates that all contributed or donated
funds accruing to a Recovery Program, regardless of source,will be placed in an interest bearing
account administered by the Foundation, until such time as they are utilized in accordance with the
a Recovery Implementation Program's approved work plan and budget, and
WHEREAS, required approval, clearance and coordination has been accomplished
from and with appropriate agencies.
NOW, THEREFORE, it is hereby agreed that:
1. PURPOSE AND OBJECTIVES
The purpose of this Contract is to establish mechanisms and procedures for(1) the transfer of
Colorado's cost share funds identified for use in constructing certain UCRIP and SJRIP Capital
Construction Projects to the Foundation pursuant to Section 3(c) of Public Law 106-392; and (2)
the disbursement of said funds from the Foundation to accomplish the UCRIP and SJRIP Capital
Construction Projects and other recovery goals and objectives. This Contract will facilitate the
accomplishment of recovery activities for the endangered fishes pursuant to the UCRIP and SJRIP
in an efficient and timely manner.
2. AUTHORITIES
This contract is entered into pursuant to federal authorities established by Public Law 106-392, an
Act to authorize the Bureau of Reclamation to provide cost sharing for the endangered fish
recovery implementation programs for the Upper Colorado and San Juan River Basins; the Fish
and Wildlife Coordination Act, 16 U.S.C. Sec. 661; the Fish and Wildlife Act of 1956, 16 U.S.C.
Sec. 742f(a) (4); and the National Fish and Wildlife Foundation Establishment Act, 16 U.S.C. Sec.
3703(c) (6). State authority is found in C.R.S. 24-33-111 creating the "Species Conservation Trust
Fund"(Attachment D), one of the purposes of which is to fund State participation in recovery
programs designed to meet obligations arising under the federal Endangered Species Act of 1973.
Ten million dollars was placed in the "Species Conservation Trust Fund" at the time it was
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