THIS MEMORANDUM OF AGREEMENT (MOA) IS ENTERED INTO BY THE UNITED STATES OF AMERICA, represented by the DEPARTMENT OF THE INTERIOR (INTERIOR); the STATE OF COLORADO (COLORADO); the STATE OF NEBRASKA (NEBRASKA); and the STATE OF WYOMING (WYOMING).

I. PURPOSE
The purpose of this MOA is to initiate the development of a mutually acceptable Platte River Basin Endangered Species Recovery Implementation Program (Program) that would help conserve and recover federally listed species associated with the Platte River Basin in Nebraska upstream of the confluence with the Loup River; help protect designated critical habitat for such species; and help prevent the need to list more basin associated species pursuant to the Endangered Species Act (Act). The signatories' intent is that the Program, when developed and approved by all the signatories, will provide reasonable and prudent alternatives to avoid the likelihood of jeopardy to federally listed species and to offset any adverse modifications to designated critical habitat so existing water projects in the basin subject to section 7 consultation under the Act can continue to operate and receive any required permits, licenses, funding, or other approvals and be in compliance with the Act and so existing federal projects can be in compliance with the Act. The Program will also address the potential development of future water projects within the basin. The signatories to this MOA intend that these objectives will be achieved through a proactive, cooperative, basinwide Program that includes equal status for all signatories in the formulation and implementation of the Program; specific and realistic mileposts for Program implementation; and a fair, reasonable, proportionate, and agreed upon assignment of responsibilities for the provision, acquisition, maintenance, restoration, and protection of water and land habitat as key elements. With the concurrence of the signatories, other Federal agencies and representatives of the environmental and water user communities will be invited to participate in development of the Program.

II. NO DELEGATION OR ABROGATION
All signatories to this MOA recognize that they each have statutory responsibilities that cannot be delegated, and that this MOA does not and is not intended to abrogate any of their statutory responsibilities.

III. PLATTE RIVER BASIN HABITAT REQUIREMENTS AND FLOW RECOMMENDATIONS
Execution of this MOA shall not be interpreted as concurrence by the States with previously stated terrestrial requirements or the central Platte River flow recommendations prepared by the Fish and Wildlife Service (Service). The signatories acknowledge that an early and ongoing function of Program development is unanimous concurrence on habitat and flow objectives that are both realistically attainable and sufficient in order for the Program to serve as the reasonable and prudent alternative for section 7 consultations. If the Service decides that any increase in such terrestrial requirements or flow recommendations is needed while the MOA is in effect, it shall discuss such increases with the signatories to this MOA, make public the scientific bases for any such increases, provide an opportunity for comment, and give such comments due consideration before final action. If any of the signatories determines that concurrence cannot be achieved on such increases, it may terminate this MOA. Nothing in this Memorandum of Agreement shall in any way diminish or otherwise affect the ability of the signatories to advocate their respective positions in the relicensing of Kingsley Dam and related facilities.

IV. EFFECT ON EXISTING WATER PROJECTS SUBJECT TO CONSULTATION DURING THE TERM OF THIS MOA
Several existing basin water projects are now or will be subject to consultation under section 7 of the Act during the term of this MOA. With the consent of an affected project operator, the Fish and Wildlife Service will consider this MOA and progress made in Program development as the principle basis for reasonable and prudent alternatives in any biological opinion concerning such project during the term of this MOA. The Service shall provide signatories to this MOA with copies of all draft (if the federal action agency does not object), and final biological opinions issued in the Platte River Basin while this MOA is in effect. For all existing projects for which section 7 consultation occurs during the term of this MOA, the Service will evaluate and treat such projects in a similar manner except to the extent the Service determines such treatment to be inconsistent with Section 7 of the Act and explains such inconsistency to the project operator and the signatories to this MOA. If any of the signatories conclude that the Service is not treating all such projects in a similar manner and has not adequately justified such differential treatment, it may terminate this MOA. After the Program has been developed and agreed to by all the signatories, the Service will view the implementation of the Program as "new information" that would serve as the basis for reinitiation of consultation on such projects.

V. CONSISTENCY WITH APPLICABLE LAW
This MOA is subject to all applicable Federal and State law and nothing herein shall be construed to alter, amend, or affect existing law.

VI. SUBJECT TO APPROPRIATION
Availability of funds necessary to carry out this MOA is subject to appropriations by Federal and State governments.

VII. EFFECTIVE DATE AND DURATION
This MOA is effective upon execution by the signatories and, unless terminated by one of the signatories in accordance with Article III or IV, will remain in effect for one year. It is the goal of the signatories to make substantial progress in developing the Program in the first year including concurrence on the habitat and flow objectives. The signatories may extend this MOA by mutual agreement if they believe it to be necessary and beneficial.