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.000902 1,2 Program Development National Audubon believes that in most cases the Program can and should implement a management plan that will provide habitat consistent with the recovery goals of the threatened and endangered species as required by the Federal Endangered Species Act, while complying with State laws' that govern water resource use and development. However, in those cases where achieving consistency with both sets of statutes is required, it is also our position that State water regulation has to give way to the extent necessary to comply with the mandates of the Federal Endangered Species Act. Recommendation The revised draft should make it clear that the mandates of the Federal Endangered Species Act will prevail in cases where there are conflicts between State and Federal laws. 2.0 PROGRAM ELEMENTS Implementation of the elements of the proposed program is to be guided by a set of principles described on pages 6 and 7. Some of the principles need clarifying changes or should be eliminated. Principle number two indicates that land and water use rights will be acquired exclusively on a willing seller or other voluntary basis. Audubon prefers to see private property rights acquired on a voluntary basis and would certainly prefer that this Program operate with that priority. However, Audubon is concerned that this principle could easily be misconstrued in any situation where the Program would assume the responsibilities for mandatory permit or license conditions imposed on a project. If the conditions were mandatory and the Program assumed the responsibility to carry out the conditions, but could only accomplish them on a willing seller basis, it could be impossible to C~Fply with the permit or license. Page 2 July 30, 1993 National Audubon Society- Comments on: PRlV[JS.l\IA \VG1s Ilnlft "lllatte River Habihlt Conservation Program."