BOARD01832

• Board Meeting Date: 7/26/2006
• Description: WSP Section - Extension of the Cooperative Agreement for the San Juan River Recovery Implementation Program
• Board Meetings - Doc Type: Memo

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COOPERATIVE AGREEMENT

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This Cooperative Agreement is entered into by the United States of America,
represented. by the Department of the Interior (Department); the State of
Colorado; the State of Utah; the State of New Mexico; the Navajo Nation;
the Southern Ute lndian Tribe; the Ute Hountain Ute Indian Tribe; and the
Jicarilla Apache Indian Tribe.

I. PURPOSE

On October 24, 1991. a Memorandum of Understanding was executed by the
Department. the States of Colorado, Utah, and New Mexico, the Ute Mountain
Ute Indian Tribe, the Southern Ute Indian Tribe. and the Jicarilla Apache
Indian Tribe, to set forth certain agreements and to establish the
foundation for a long-term program to recover the endangered fish species
of the San Juan River Basin. This Cooperative Agreement adopts the
attached San Juan River Basin Recovery Implementation Program
(Implementation Program). The signatories to this Cooperative Agreement
agree to participate in and support the Implementation Program Including
the committees established by the Implementation Program.

II. AUTHORITIES AND RESPONSIBILITIES

A. Federal CooDeration 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 the Act, 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. Recoverv 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 that their actions are not likely to
jeopardize listed species, The Department has the authority to
enter into this Cooperative Agreement under section 1 of the Fish
and Wildlife Coordination Act (16 U.S.C, 661 et sec.). Under