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I I I I I I I - I I I '.' I I I I I I ,- I COOPERATIVE AGREEMENT 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 Indian Tribe; the Ute Mountain 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 Coooeration 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. Recovery 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 Arnone Federal Aeencies. 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 I of the Fish and Wildlife Coordination Act (16 U.S.C. 661 et sec.). Under