Conforming Federal Funding or Authorizations Sample Clauses

Conforming Federal Funding or Authorizations. Any person or entity undertaking a water related activity which accepts federal funding or a federal authorization and which relies on the Program as a component of its reasonable and prudent alternative in section 7 consultation must agree: (1) to the inclusion in its federal funding or authorization documents of reopening authority, including reopening authority to accommodate reinitiation upon the circumstances described in Paragraph IV.F; and (2) to request appropriate amendments from the federal action agency as needed to conform its funding or authorization to any Program adjustments negotiated among the three states and DOI, including specifically new requirements, if any, at the end of the first increment and any subsequent Program increments. FWS believes that the Program should not serve as the reasonable and prudent alternative for any water related activity for which the funding or authorization document does not conform to any Program adjustments. Notwithstanding Paragraph VI.G above, the states shall not be restrained from taking a position adverse to one another in administrative or judicial proceedings to compel the action agency to include reopening authority in any such federal funding or authorization. Nothing in this paragraph in intended to waive the right of any person or entity undertaking a water related activity to withdraw from the Program pursuant to Paragraph IV.H. PROPOSED PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM APPENDIX A, WATER COMPONENT TAB 1A AN ENVIRONMENTAL ACCOUNT FOR STORAGE RESERVOIRS ON THE PLATTE RIVER SYSTEM IN NEBRASKA I. INTRODUCTION