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-c --'4 N o r- ( ; , , .-...~ r , , \.w/ r II-lc:ja.-I~~ ~: Il.al-"M t-t<\.X>1 P. 7 II. Activities of Federal and State Agencies In reviewing the various planned project related activities, parties have identified certain activities that may drain resources or be a source of public conflict outside of the Romer/Schoettler process. Reclamation will not commit resources which will predetermine its decisions concerning the Project, and will not engage in any ground disturbing activities during this process or before it executes a Record of Decision. To enhance the potential for these matters to be resolved within the process, the parties agree to the following: A Bureau of Reclamation 1) As part of its compliance with the National Historic Preservation Act, Recl.motion will continue to accept comments from the public on the Programmatic Agreement for Archeological Mitigation (P A). Also, Reclamation will continue to discuss poSSIble revisions of the P A with the Advisory Council on Historic Preservation, State Historic Preservation Officers, and the concurring and reviewing parties, However, Reclamation will not sign the P A during the co~e of this agreement 2) Rer.l.morion, and the party intervenors, will jointly request the Federal Energy Regulatory Commission (FERC) to defer action on the permit request to allow the relocation of the natural gas pipeline at Ridges Basin during the course of this agreement. 3) During the course of this agreement, Reclamation agrees not to "enter into" or "amend" any repayment contract or Cost Sharing Agreement for the Project within the meaning of the Reclamation Refonn Act, 43 U.S,C. 485(hXf), nor shaII it publish notice ofany "proposed contract or amendment" within the meaning of that Act. If relevant to the Romer/Schoettler process, issues related to Project repayment or cost-sharing shall be discussed within the process. Furthermore, during the course of this agreement, Reclamation agrees not to negotiate on these issues outside of the Romer/Schoettler process, 4) Reclamation will extend the period for the Environmental Protection Agency to refer the project to the Council on Environmental Quality for the duration of this agreement, 5) If the Federal Mediation and Conciliation Service (FMCS) reports that it would be useful for FMCS to facilitate a mediation process on the Project's water quality impacts, and some or all of the parties agree to participate in this mediation, it will be incorporated into the Romer/Schoettler Process, 6) Rec1amation has provided the parties with a list of Project related activities anticipated during the course of this agreement (See, attached). Reclamation agrees to inform the parties ifit believes additional Project related activities need to be perfonned during the course of this agreement, and any party may reopen this agreement to address such activity. 2