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1 the term of this Cooperative Agreement, FWS agrees to encourage agencies to rely on measures taken pursuant' to this Cooperative Agreement without waiting for completion of the Program's NEP A and ESA evaluation when considering . ------agency-actions-affecting1:hetargenpecies:~----------~------- 6. Nothing in this Cooperative Agreement shall be construed to require any person or entity undertaking or proposing to undertake any water related activity to rely on the provisions of this Cooperative Agreement or to rely on any Program subsequently implemented. Reliance on this Cooperative Agreement or any subsequent Program shall be voluntary. In the event such person or entity chooses not to so rely, FWS will not consider this Cooperative Agreement or any Program subsequently implemented as providing a reasonable and prudent alternative for such water related activity. In the event such person or entity chooses to revoke its reliance on this Cooperative Agreement, FWS will reinitiate any ESA section 7(a)(2) consultation which relied upon one of the reasonable and prudent alternatives described in Paragraph vm.A and issue a new biological opinion. B. In coordination with NEPA compliance as provided for by this Cooperative Agreement, FWS will evaluate whether the activities under the Proposed Alternative and, if different, under the preferred alternative, can serve as a reasonable and prudent alternative under section 7(b)(3) of the ESA for water related activities in the Platte River Basin. In the eventFWS deteID1inesthaf tlieProposed AIteDi8.nve cannofllerve as the reasonable and prudent alternative and the signatories cannot reach an agreement on modifying the Proposed Alternative so it can so serve, the signatories are not bound to enter into an agreement to implement a Program. C. In the event that activities under the Cooperative Agreement are not adequately completed, FWS may reinitiate all ESA section 7(a)(2) consultations which relied upon the reasonable and prudent alternatives described in Paragraph vm.A. Before taking such action or reinitiating consultations as described in Paragraph n, FWS will notify the Governance Committee and request its assistance in resolving the situation. If the Governance Committee is unable to resolve the situation, the Committee shall notify the Secretary of the Interior and the Governors and request their assistance. If such attempts at resolution are unsuccessful, FWS believes such a situation warrants reinitiation and will reinitiate all such ESA section 7(a)(2) consultations and issue new biological opinions. D. Any time that FWS reinitiates section 7(a)(2) consultation, it will issue a new biological opinion based on then-current conditions. FWS believes that the new biological opinion and any subsequent amendment, restatement. or modification of a federal action based on the new biological opinion would constitute a new federal action 8