Common use of USFWS Clause in Contracts

USFWS. A. The Parties acknowledge and agree that USFWS has made no determination, and is giving the Parties no assurances, regarding compliance of the Restoration Project or PG&E’s operation of its FERC Project No. 1121 with the ESA. X. USFWS agrees to do the following: 1. Support a petition to the SWRCB for the instream dedication of that amount of water diversion rights transferred by PG&E to CDFG as more fully described in Section 6.1 E; 2. Support the amendment of the license of FERC Project No. 1121, described in Section 6.1 C, that incorporates the facility modifications described in Section 4.1, the prescribed instream flow releases described in Tables 1 and 3. In the next relicensing proceeding for FERC Project No. 1121, support the continuation of the prescribed instream flow releases described in Attachment 1 and Ramping Rates described in Attachment 2, and any changes to those prescribed instream flow releases or Ramping Rates resulting from Adaptive Management, subject to applicable law. C. Regarding the biological and environmental monitoring described in Section 7.3, USFWS agrees to support incorporating Battle Creek monitoring needs into appropriate CVPIA, CALFED, and other monitoring programs. D. As approving and implementing various activities described in the MOU will result in a major federal construction activity that may affect species under USFWS jurisdiction, USFWS will conduct the requisite Section 7 consultation for species under its authority. The above measures will require FERC to exercise its federal discretionary authority in approving an amendment of the license for FERC Project No. 1121 prior to implementation. This action,

USFWS. A. The Parties acknowledge and agree that USFWS has made no determination, and is giving the Parties no assurances, regarding compliance of the Restoration Project or PG&E’s operation of its FERC Project No. 1121 with the ESA. X. B. USFWS agrees to do the following: 1. Support a petition to the SWRCB for the instream dedication of that amount of water diversion rights transferred by PG&E to CDFG as more fully described in Section 6.1 E; 2. Support the amendment of the license of FERC Project No. 1121, described in Section 6.1 C, that incorporates the facility modifications described in Section 4.1, the prescribed instream flow releases described in Tables 1 and 3. In the next relicensing proceeding for FERC Project No. 1121, support the continuation of the prescribed instream flow releases described in Attachment 1 and Ramping Rates described in Attachment 2, and any changes to those prescribed instream flow releases or Ramping Rates resulting from Adaptive Management, subject to applicable law. C. Regarding the biological and environmental monitoring described in Section 7.3, USFWS agrees to support incorporating Battle Creek monitoring needs into appropriate CVPIA, CALFED, and other monitoring programs. D. As approving and implementing various activities described in the MOU will result in a major federal construction activity that may affect species under USFWS jurisdiction, USFWS will conduct the requisite Section 7 consultation for species under its authority. The above measures will require FERC to exercise its federal discretionary authority in approving an amendment of the license for FERC Project No. 1121 prior to implementation. This action,