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. . . . ill. PLAnE RIVER BASIN HABITAT. REQUIREMENTS AND FLOW RECOMMENDATIONS Exe<:ution oC this MOA shall not be interpreted as concurrence by the States with previously Stated terrestrial requirements or the central Pia lie River flow recommendations prepared by the FISh and WildliCe SeIVice (SeIVice). The signatories acknowledge that an early and ongoing function oC Program development is unanimous concurrence on habitat and flow objectives that are both realistically allainable and su[fjcient in order for the Program to serve as the reasonable and prudent alternative for section 7 consultations. If the Service decides that any increase in such terrestrial requirements or flow recommendations is needed while the MOA is in effect, it shall discuss such increases with the signatories to this MOA, make public the scientific bases Cor any such increases, provide an opportunity for comment, and give such comments due consideration before final aetioll. If any of the signatories determines that concurrence cannot be achieved on such increases. it may tcrminate this MOA. Nothing in this Memorandum of Agreement' shalt in any way diminish or otherwise affect the ability of the signatories to advocate their respective positions in the relicensing of Kingsley Dam and related facilities. IV. EFFECT ON EXISTING WATER PROJECTS SUBJECT TO CONSULTATION DURING TIIE TERM OF TIllS MOA Several existing basin water projeclsare now or will be subject to consultation under section 7 of the Act during the term of this MOA. With the consent of an affected project operator, the FISh and WildliCe Service will consider this MOA and progress made in Program development as the principle basis for reasonable and prudent alternatives in any biological opinion concerning such project during tbe term of this MOA. The Service sball provide signatories to this MOA with copies of all draCt (if the federal action agency does not object), and final biological opinions issued in the Platte River Basin while this MOA is in effecL For all existing projects for which section 7 consultation occurs during the term of this MOA, the Service will evaluate and treat such' projects in a similar manner except to the extent the Service dctermines such treatment to be inconsistent with Section 7 of the. Act and explains such inconsistency to the project operator and the signatories to this MOA. If any of the signatories c:onclude that the Service is not treating all such projects in a similar manner and bas not adequately justified such differential treatment, it may terminate tbis MOA. After the Program has been developed and agreed to by all the signatories, the Service will view the implementation of the Program as "new information" that would serve as the basis Cor reinitiation oC consullation on such projects. V. CONSISTENCY WITH APPUCABLE LAW This MOA is subject to all applicable Federal and Statc law and nothing herein shall be c:onstrued to alter, amend, or affect existing Jaw. '.