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APPIIJpIX A Cooperative Agreement between U.S. Department of the Interior • Fish and Wildlife Service and National Fish and Wildlife Foundation Backoround Three species of fish that inhabit the Colorado River system have been federally listed as endangered: the Colorado squawfish, humpback chub, and bonytail 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 15-year Recovery Program outlines an aggressive effort to recover the endangered fishes of the Colorado River in a manner that is consistent with 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 implementing the Recovery Program is estimated at 558.5 million over the 15-year time frame. Contributions by proponents of water projects (Federal, State and private) are expected to provide approximately E9-10 million • of these funds, assuming full Compact development over the next 15 years. Water project proponents will make a one-time contribution to the Service in the amount of S10 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 amended. Payment of the contribution will be specified in the biological opinian.for each water project which causes a depletion of water from the Upper Colorado River system. Ten percent of the funds will be payable upon completion of the Federal action which initiated the consultation (e.g., issuance of a 404 permit); the balance will be due at the time construction commences 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, the Recovery Program has a provision for the donation of funds from private parties, including conservation groups. Private donations would be used for priority recovery activities as agreed to by the donor, the Service, and/or the Implementation Committee. The role of the National Fish and Wildlife Foundation (Foundation) was identified in the Recovery Program. Section 5.5 indicates that all contributed or donated funds accruing from the Recovery Program, regardless of source, will be placed in an interest bearing account, such as those administered by the Foundation, until such time as they are utilized in accordance with the Implementation Committee's approved annual work plan and budget. C J