Final Minutes
Governance Committee Meeting

Agenda and Minutes

Don Ament, Governance Committee (GC) Chair, called the meeting to order at 8:15 a.m. and welcomed the attendees. Don noted that the agenda would be modified to reduce the discussion related to the Land Policy Statement. Clayton Derby reviewed suggested changes to the draft November 16 minutes received prior to the meeting and the minutes were accepted as revised by consensus. The December 15 conference call minutes were approved as written by consensus.

Open Comment Period

No comments were expressed.

Channel Stability/EIS Process

Curt Brown reported that the revised Channel Stability White Paper, Sed/Veg Model, and a Sed/Veg Model technical report will be provided to the states and others by January 31, 2001, or shortly thereafter. The transfer of this information will satisfy milestone A1-EXT. Curt and others asked that the EIS Team be provided information on channel stability and sediment from the Nebraska v. Wyoming lawsuit as it becomes available. No anticipated date for when this information would be available was given. Brian Barels asked if the EIS Team anticipates completing a peer review of the White Paper. Curt noted that they have had the paper informally reviewed by several experts but not by outside, independent reviewers to date. David Little asked that copies of the reviews be provided when the White Paper and other information is distributed. All parties agreed that electronic transfer of information would be done when possible. Curt noted that the EIS Team is planning on future presentations related to the EIS process at upcoming meetings.

Dayle Williamson provided an update on work related to the selection of the states' contractor. Dayle noted that Jim Cook, Rick Brown, and Becky Mathisen is the team working on the issue. Information announcing the project and requesting statements of qualifications was published in each state and SOQs are due by January 29. All team members have had several potential contractors express interest. The GC will be provided the list of contractors that submit an SOQ and all parties can identify anybody that they feel is unacceptable. When the RFP is complete this will also be distributed to the GC for a five-day review before it is sent to the contractors. The States anticipated interviewing three or less contractors with a final contractor selected in mid-March or earlier. A draft report is expected August 15 and a final report by September 15. Each state has contributed $100,000 for this project.

The original date for report completion was September 1. Dayle explained that the states will work with the selected contractor to attempt to make up this potential delay in producing the final report. To accomplish this, the states and DOI will need to fully coordinate the flow of information. The RFP will reinforce this need with a description of meetings and coordination. Dayle noted that if people believe more coordination is need than is described in the RFP comments should be made requesting more meetings. Dayle described briefly what the contractor work would entail; including, a review of existing information and models and a review and analysis of new information if any exists. If any problems are identified the GC will need to decide how to proceed in actually addressing the problem.

Land Component Policy Statement

Don Ament explained that discussion related to the states' draft Policy Statement would be postponed until the next GC meeting. The DOI had express concern that not enough time was allowed for all parties to fully discuss the issue prior to the meeting. The Policy Statement was delegated to the Drafting Committee for review and revisions prior to discussion at the next GC meeting. Margot Zallen suggested that technical representatives from each party be invited to the meetings as well as environmental representatives. The Drafting Committee set February 1 and February 7 for meeting dates to discuss this issue.

Process for Completion of Milestones

Dale Strickland distributed a critical path handout containing milestones for completion by September 1, 2001 (see attachment). Dale stepped through the handout and the GC discussed the importance of meeting milestones on time so that other milestones and the Cooperative Agreement in general are completed as projected. Dale stated that it would be best for subcommittees to receive written comments from the GC on draft documents to help expedite the completion of milestones. In the past the technical people have had to interpret GC policy without clear direction. If written comments are submitted the technical people will clearly understand what the policy makers intend. During the discussion several new subgroups were formed to help facilitate completion of milestones. Dale was asked to help coordinate the subgroups and keep all GC members informed as to meeting dates, schedules, agendas, etc. Dale asked that he in turn be kept informed of all subgroup activities to insure this process does not breakdown.

One topic of significant discussion that resulted in the formation of a subgroup centered on completion of milestone A3-EXT (Program sufficiency under the ESA analysis). Many parties were unclear as to exactly what was needed under this milestone. Mark Butler commented that the two big areas of concern for the ESA analysis currently are sediment and the current draft Land Policy Statement. Ralph explained that the best process to complete this milestone may be to work within a subgroup of FWS and GC members instead of the FWS preparing a position paper for others to comment on. This was the direction decided upon by the GC. Dale will help coordinate the subgroup.

Another topic that included significant discussion and resulted in the formation of a subgroup was milestones W1,2,4-EXT (Depletions Plans subtasks). The process will be for the FWS to work directly with each respective state. Meetings with each state will be held to discuss types of projects to be covered by depletions plans and to conduct an analysis of the impact of the depletions plans on target flows. During these meetings representatives from all states will be invited as well as representatives from the water users and environmentalists. Concern was raised that this may result in more of a negotiation process and not strictly a sharing of information. One result of these meetings will be to help identify what types of projects federal depletions plans must cover. The Executive Director's office will help coordinate the subgroup meetings.

Concern was again raised that if completion of milestone C2-EXT (Channel Stability) slips, completion of the EIS and Cooperative Agreement may be delayed. Dayle explained the states will be working with the contractor to try and complete the report by the original deadline of September 1 even through a contractor will not be identified until mid-March instead of mid-February.

The GC spent some time discussing the need for all committees, and particularly the TC, to prioritize work anticipated during the extension period. The FC had expressed discomfort in agreeing with the Whooping Crane Monitoring Protocol pre-proposal without a clear understanding of where the protocol fell within the larger picture of protocols and other projects to be implemented. The Executive Director's office will work with each committee to identify and prioritize potential work during the extension period before the March GC meeting. The GC will need to give direction to the committees by the May GC meeting.

Subcommittee Reports

Water Management Committee and Water Action Plan Committee Reports

John Lawson, Chair of the Committees, provided the report. John explained that neither committee has met for some time, but based on discussion heard today he plans to reconvene the Water Management Committee (WMC) before the next GC meeting. Topics for discussion include the completed Ground Water report and the definition of W12-EXT (WMC review of documents). John noted that for the WMC to complete all the reviews anticipated there might be the need for additional assistance. John reported that he does not believe a Water Action Plan Committee (WAPC) meeting is currently needed, but a meeting might be required depending on discussion related to depletions plans and their impact on the current Water Action Plan. John also asked for direction from the states and GC regarding any future work for Boyle Engineering. There was discussion regarding whether or not the contract with Boyle has expired or not and what the implications are. Dale reported that he has spoken with Blaine Dwyer regarding this issue and he would like clarification on any role Boyle might have because Blaine is concerned about potential conflict of interest when bidding other, similar projects. Dale will work with Blaine and the states to clarify the situation.

States Meeting

Dayle Williamson provided the report. Dayle noted that Jim Cook had provided reports for circulation to those interested related to pallid sturgeon and sturgeon chub. Dayle reported that during the states meeting Charles Leaf provided a report related to the effects of forest management in the North Platte Basin on water runoff. The Leaf report included the potential impacts of current forest management plans on runoff, suggested methods for forest management to increase runoff, and cost estimates for the proposed management. Dayle noted that this might bring up another topic for the Water Action Plan to consider in the future. There was a discussion on having Leaf provide a report to the GC. Don Ament commented that the written report is currently available to those interested in receiving a copy.

Other topics discussed during the states meeting included the sediment issue that was already addressed today, the need for fewer and better GC meetings during the extension, and funds left from the Water Conservation/Supply Study. The states also discussed their impression of the original intent of the Cooperative Agreement.

Land Committee

Clayton Derby distributed copies of a Land Tracking Form to be completed by Cooperative Agreement participants, Land Committee (LC) Chairs, and others if individuals inquire about how their lands may fit into an eventual Program. Vernon Nelson and Rhodell Jameson, LC Co-Chairs, requested a tracking form and both had reviewed and agreed with the draft prior to the GC meeting. Dale asked that GC members to review the document and provide comments prior to the next GC meeting.

Technical Committee

Paul Tebbel, Technical Committee (TC) Chair, provided the report. Paul reported that most TC topics have already been covered today or will be covered during the Finance Committee report (Whooping Crane Protocol pre-proposal). The TC continues to work on protocols so they can be implemented during the extension period. The TC is also beginning to work again on the IMRP. Brian Barels noted than at the October GC meeting he had requested that the Whooping Crane Model review completed by the USGS be presented to the TC. Brian also asked for clarification regarding the species recovery workshop schedule. Mark Butler provided an update on the species recovery workshop schedule and indicated that all participants had been sent the final minutes and schedule for upcoming meetings and report availability.

Outreach Committee

Jerry Vandersnick, Outreach Committee (OC) chair, indicated that he had nothing new to report. Ralph Morgenweck commented that the FWS would be working with Jerry as a proposal to identify critical habitat for piping plovers comes out in mid-May. Duane Hovorka commented that the Cooperative Agreement Extension had not received much press in local papers and that an official press release may have facilitated this better. Representatives from each state reviewed how they handled disseminating information related to the extension.

Finance Committee

Dayle Williamson, Finance Committee (FC) Chair, provided the FC report. Dayle reported that the FC had approved all disbursement requested for the month and recommends that the GC also approve the disbursements. GC approved by consensus. The FC requested that each committee forecast funding needs beyond those currently identified in Attachment 4 of the Extension Document. The FC agreed that major areas for funding should be to fill baseline data gaps and demonstration projects. The Cooperative Agreement currently has approximately $1 million unallocated for these activities. Another item considered by the FC was a request from the Nebraska Community Foundation to change their rates to a flat 3.5% of checks written. Both the FC and GC approved this change by consensus. The FC agreed to postpone any crediting workshop until most extension milestones are completed. The FC agreed to implement the Program FC Charter during the extension period. Each state and DOI GC representative will appoint their respective FC member and the GC will approve one water user representative and one environmental representative.

The GC spent significant time discussing how future disbursement requests will be handled given that the GC will only be meeting every other month. It was agreed that the GC will approve the initial budget, but only the signatories can actually approve the expenditure of funds. There was some discussion over if this is the appropriate role for the GC. For the approval of future disbursement the entire FC will be involved in approving bills that Dale Strickland cannot approve (e.g., WEST disbursements). If the disbursements are approved by the FC there will not be a request for approval from the GC.

The FC also discussed the TC's Whooping Crane Protocol pre-proposal for implementation this spring. The FC approved the pre-proposal. This means that the TC now needs to put together a complete and detailed proposal and budget for FC and GC approval. Paul Tebbel reminded the group that the TC has not yet reached consensus on the protocol and this will happen before final approval is requested. Duane Hovorka gave a brief update on efforts by the National Wildlife Federation and Nebraska Wildlife Federation to fund and implement the ground survey protocol yet to be developed by the TC.

Milestone Reports

Colorado - Kent Holsinger reported no change in Colorado's milestones.

Wyoming - Harriet Hagemen reported she did not know of any change in Wyoming's milestones. Becky Mathisen noted that Wyoming's yearly report on water activities has been printed and is available from the Executive Director's office.

Nebraska - Dayle Williamson reported that Governor Johanns has added economic impact and land use surveys to his budget related to the Cooperative Agreement. Other Cooperative Agreement funds are up for re-appropriation.

Department of the Interior - Mark Butler DOI milestones have already been discussed.

Open Comment Period

Duane Hovorka notified the GC of a "Night on the Platte" presentation planned in Lincoln on March 20. All are invited and interested parties should contact Duane directly.

Lynn Holt reported that she has started posting EIS Technical Reports on the web page and will continue to do so, as they become available.

Future Meetings

Governance Committee conference call to discuss the Whooping Crane Monitoring Protocol proposal: February 2, 8 a.m. MST. (FC to provide email approval prior to call)

Governance Committee: March 21, 1-5 p.m. and March 22 8 a.m. - 12 p.m., Ramada Inn, Kearney, Nebraska.

States Meeting: March 21, 8:30 a.m. - 12 p.m., Ramada Inn, Kearney, Nebraska

Governance Committee: May 15-17, Denver, site and time TBD.

Adjourn

The meeting was adjourned at approximately 12:00 p.m.