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FWS-14-16-0006-89-929 Cooperative A9reement between U.S. Department of the Interior fish and Wildlife Service and National fish and Wildlife Foundation I. Backqround Three species of fish that inhabit the Colorado River system have been federally listed as endangered: the Colorado squawfish, humpback chub, and bony tail chub. A fourth, the razorback sucker, is currently a candidate for listing. On January 21-22, 1988, the Governors of Utah, Wyoming, and Colorado, the Administrator of the Western Area Power Administration, and the Secretary of the Interior executed a Cooperative Agreement to implement the "Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin" (Recovery Program). The IS-year Recovery Program outlines an aggressive effort to recover the endangered fishes of the Colorado River in a manner that is consistent lrith Interstate Compacts and State water rights systems. The signing of the Cooperative Agreement also established an Implementation Committee whose purpose is to oversee the Fish and Wildlife Service's (Service) implementation of the Recovery Program. Members of the Implementation Committee include representatives of the States of Colorado, Wyoming, and Utah, the Service, the Bureau of Reclamation, the Western Area Power Administration,--.and representatives of the water development interests and environmental groups. The cost for ilplementing the Recovery Program is estimated at $58.5 million over the IS-year time frame. Contributions by proponents of water projects (Federal, State and private) are expected to provide approximately $9-10 million of these funds, assuming full Compact development over the next 15 years. Water project pro~nts will make a one-time contribution to the Service in the alllOunt of $10 per acre-foot based on the average annual depletion of projects that complete consultation pursuant to Section 7(a)2 of the Endangered Species Act of 1973, as aended. Payment of the contribution will be speCified in the biological opinion for each water project which causes a depletion of water from the Upper Colorado River system. Ten percent of the funds wil I be payabl e upon completion of tile Federal action which initiated the consultation (e.g., issuance of a 404 penait); the balance will be due at the time construction coamences or prior to the depletion becoming effective. Funds from these contributions are to be applied equally to flow acquisition and other priority recovery activities, unless otherwise directed by the Implementation Committee. In addition, Ue Recovery Program has a provision for the donation of funds from private parties, including conservation groups. Private donations would be used for priority ~ery activities as agreed to by the donor, the Service, and/or the Imp 1 ementatiOl Coaai ttee. The role of tile /faUonal Fish and Wildlife Foundation (Foundation) was identified i. De Recovery Program. Section 5.5 indicates that all contributed or donated f~ accruing from the Recovery Program, regardless of source, will be placed in ill interest bearing account, such as those administered by the Foundation, lDltiJ such time as they are utilized in accordance with the Implementation C_ittee's approved annual work plan and budget. \