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<br />000790 <br /> <br />Term of the Program The Program will extend indefinitely, but will be implemented in <br />increments. The first increment will be from ten to about thirteen years. The exact <br />duration of the first increment will be determined by the Governance Committee during <br />the Cooperative Agreement period, based on the budget and schedule to complete <br />activities, and the time needed to' see a biological response at the habitat from the <br />mitigation activities. The parties will negotiate a second increment, and any activities to <br />be implemented, based on the results of the first increment Water and power users with <br />federal permits will subject those permits to reopening at the end oJ the first increment, to <br />include any new terms relevant to the second increment <br /> <br />If the Program terminates or expires, or if the activities under the Program are not <br />adequately completed, the FWS may reinitiate consultation on all permits that have relied <br />on the Program as a reasonable and prudent alternative" If the FWS reinitiates <br />consultation on anyone permit on this basis, it will reinitiate consultation on all such <br />permits. <br /> <br />Nebra.~ka v" Wvoming" The litigation in Nebra~ka v" Wyoming may still be pending in <br />the early years of the Program, and may affect the desire of the parties, particularly <br />Nebraska and Wyoming, to continue to participate. Therefore, any of the states or <br />Interior has the option to withdraw from the Program, or request modification of the <br />Program, based on the results of the litigation" If any party withdraws, the FWS will <br />reinitiate consultation on all permits that have relied on the Program as a reasonable and <br />prudent alternative" <br /> <br />Cash and Ca.~h-ElJ.uivalent Contributions in the First Increment" The breakdown of <br />cash and cash equivalent contributions from the time of the Cooperative Agreement <br />through th.e end of the first inc~emeI!t of the program is shown on Attachment I" The <br />parties will contribute cash and cash equivalents that will fund program administration <br />and the acquisition of land and water to meet program goals" Cash equivalents involve <br />the value of land and water contributed to the program. Overall, the Program Agreement <br />provides for a $75 million program over the approximately 15 years until the end of the <br />first increment, as fC?l!ows: <br /> <br />. $15 million by Colorado, $10.8 million in cash and $4.2 million in water from the <br />Tamarack Project. <br /> <br />. $15 million by Nebraska, $5.3 million in land, $9 million in water from the Lake <br />McConaughy, and $700,000 in cash" <br /> <br />. $7.5 million by Wyoming, $4 million in cash, and $35 million in water from <br />enlarged Pathfmder Reservoir. <br /> <br />. $375 million by the federal government, in cash. <br /> <br />9 <br />