Common use of Action Plan not Part of License Clause in Contracts

Action Plan not Part of License. The Settlement Agreement will provide that the Action Plan, including reintroduction and specified Lower Yuba River actions, will not be included in the New License as jurisdictional measures. YCWA will file the Settlement Agreement with FERC for informational purposes, asking that the terms of the Settlement Agreement not be incorporated into the New License or related Regulatory Approvals. Pursuant to Term 3, agreement by the Parties that the Action Plan will not be part of the New License does not constitute agreement whether there would or would not be a proper basis for the New License to include requirements that YCWA provide for fish passage upstream of Englebright Dam. A. The Settlement Agreement will provide, as a precondition for full implementation of the Action Plan, that the New License will not require: (i) that YCWA implement the measures in the Action Plan or other measures that are for the purpose of reintroduction of Anadromous Salmonids in the North Yuba River; (ii) that YCWA implement actions in the Lower Yuba River that are necessary for the purpose of reintroduction of Anadromous Salmonids in the North Yuba River; or (iii) reintroduction of Anadromous Salmonids into the New Bullards Bar Reach. B. As of the Effective Date of the Term Sheet, the Parties have not determined whether any facilities or actions under the Action Plan will be located on YRDP lands and waters. The Settlement Agreement will provide that, regardless of location, these facilities and actions will not be included in the New License, but will be subject to appropriate project-level review and permitting. C. The Settlement Agreement will specify whether non-federal Parties will pursue a Legislative Action and whether they will support an Administrative Action to implement the intent of this section that: (i) the Action Plan will not result in YCWA being obligated under the New License or otherwise for managing, operating or maintaining essential fish habitat; and (ii) FERC will not have jurisdiction under the New License or otherwise of facilities or actions under the Action Plan. Such Legislative Action would not be intended to amend the ▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇ Fisheries Conservation and Management Act.