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<br />--1 <br /> <br />2. With the exception of Nebraska v. Wyoming, each state agrees that <br />during the term of this Cooperative Agreement, it shall not, in any judicial or <br />aclmini.trative pror....ning: (1) assert a position adverse to either of the other <br />states on any issue relating to the target.Species or the associated habitats, or (2) <br />assert a position adverse to a water related activity in either of the other states <br />on any issue relating to the target species or the associated habitats if that water <br />related activity is covered by this Cooperative Agreement, unless the other state <br />consents to that assertion. <br /> <br />m. RELATIONSmP OF ACTIVITIES UNDER THE COOPERATIVE <br />AGREEMENT TO ANY SUBSEQUENT PROGRAM OR SECTION 7(a)(2) <br />CONSULTATION <br /> <br />Attachment m to this Cooperative Agreement is a Proposed Alternative for evaluation <br />under NEP A and ESA entitled Proposed Platte River Recovery Implementation <br />Program. <br /> <br />The s~gnatories anticipate that the process to comply with NEP A and the programmatic <br />section 7 consultation process will take approximately three years and have planned <br />specific activities defined in Attachment I, "Milestones for the Cooperative <br />Agreement, " which are to take place during that period and which are exempt from or <br />do not require further NEP A review. The Proposed Alternative is designed and other <br />m -Program alternatives should be designed to otiild upon lliese activities:- If ilie teIm of <br />the Cooperative Agreement is less than three years because a Program is reviewed and <br />agreed to in a shorter period of time, any uncompleted activities planned for the three- <br />year period will be implemented if appropriate within the context of the agreed-to <br />Program. For purposes of the NEP A baseline evaluation, the activities planned to be <br />undertaken during the term of the Cooperative Agreement will be considered part of the <br />Program alternatives evaluated. <br /> <br />If the Proposed Alternative or an alternative Program is agreed to following NEP A and <br />ESA evaluation, the activities undertaken during the term of the Cooperative <br />Agreement will be credited to the appropriate state or the federal government as <br />contributions to the Program. Similarly, if no Program is adopted, consistent with <br />Paragraph vm below, activities undertaken during the term of the Cooperative <br />Agreement will be credited to the appropriate entity for purposes of ESA evaluations. <br /> <br />IV. RESEARCH AND RELATED ACTIVITJ:1i:S <br /> <br />Research and analysis undertaken pursuant to this Cooperative Agreement will be <br />designed to resolve issues or fill knowledge gaps concerning actioDS required to induce <br />measurable improvements to the recovery of the target species and their associated <br /> <br />4 <br />