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<br />__J <br />, <br />, <br /> <br />1. For any water related activity for which consultation on a federal action <br />pursuant to section 7(a)(2) of tlie ESA has been completed prior to the effective <br />date of this Cooperative Agreement, and for which a federal action agency has <br />required a non-federal party to implement reasonable and prudent alternatives by <br />engaging in certain measures designed to produce defined benefits to the target <br />species.and/or their associated habitats pending development of and participation <br />in a basin-wide recovery implementation program, FWS agrees to seek to <br />extend such measures, as such measures currently exist, for the term of this <br />Cooperative Agreement. To the extent they contribute to the land acquisition <br />and restoration purposes of a Program, payments made or measures undertaken <br />by or on behalf of such signatories shall be credited at the inception of a <br />Program. FWS agrees to request the federal action agency to make provision <br />for the changed circumstances that will exist if a Program is implemented and to <br />include the provisions of Paragraph n.B in the event a Program is not <br />implemented or terminates and provisions of Paragraph vm.C in the event this <br />Cooperative Agreement terminates prematurely. <br /> <br />2. For water related activities in existence as of the effective date of this <br />Cooperative Agreement, for which consultations on federal actions pursuant to <br />section 7(a)(2) of the ESA will be completed during the term of this Cooperative <br />Agreement, FWS agree$ that it will recommend that the federal action agency <br />engage in or require a non-federal party to engage in certain measures or make <br />certain payments designed to produce defined benefits to the target species <br />and/or their associated habitats during the term of this Cooperative Agreement, <br />based on the same formula for the applicant's share of the anntllll streamflow <br />shortfall and llnnual cost of riverine habitat required for those parties identified <br />in Paragraph vm.A.1. . To the extent they contribute to the land acquisition and <br />restoration purposes of a Program, payments made or measures undertaken by <br />or on behalf of such non-federal partes shall be credited to the state in which the <br />wllter related activity is occurring at the inception of a Program. FWS agrees to <br />request the federal action agency to make provision for the changed <br />circumstances that will exist if a Program is implemented and to include the <br />provisions of Paragraph n.B in the event a Program is not implemented or . <br />terminates and provisions of Pan.graph vm.C in the event this Cooperative <br />Agreement terminates prematurely. <br /> <br />3. For any new water related activity for which consultation on a federal <br />action pursuant to section 7(a)(2) of the ESA will be completed during the term <br />of this Cooperative Agreement, FWS agrees that it will recommend that the <br />federal action agency engage in or require a non-federal party to engage in <br />certain measures or make certain payments designed to produce defined benefits <br />to the target species and/or their associated habitats during the term of this <br /> <br />6 <br />