Final Minutes
Governance Committee Meeting

Agenda and Minutes

Don Ament, Governance Committee (GC) Chair, called the meeting to order at 1:45 p.m. and welcomed the attendees. Don presented Dayle Williamson with a plaque for his retirement and the entire GC thanked Dayle for his service to the Cooperative Agreement. Don noted that the discussion regarding the Executive Director's scope of work would be removed from the agenda and the discussion regarding the Land Policy Statement would be moved to March 22.

Dayle Williamson moved to accept the January Governance Committee (GC)minutes and Maryanne Bach second. The GC discussed if the transfer of the White Paper and other information from Curt Brown to the states has completed milestone A1-EXT. Concern was raised about the section of the minutes dealing with the delivery of data to the states contractor. The White Paper did not contain the data requested by the states. Curt noted that he would continue to respond to further requests from the states and their contractor. Dale requested that the discussion be completed under the milestone section of the agenda, if the January minutes was accurate. January minutes were approved as written by consensus. Mike Besson moved to accept the February GC conference call minutes and Dan Luecke second. Minutes were approved by consensus.

Channel Stability

Curt Brown explained that the EIS Team delivered the White Paper and other information to the states for use by their consultant and will provide more information as identified by the contractor. Curt stated that he is planning on meeting with the contractor in a couple of weeks to discuss the information.

Jim Cook gave a brief update regarding selection of the states' contractor. Seven proposals were received and four potential contractors were interviewed. The states selected Parson's Engineering. Jim noted that Parson's wants more time to complete the final report than identified in the RFP and this and other details will be finalized in the contract. Roger Patterson noted that this would not result in a slippage from the target discussed at the last GC meeting of August 15 for the draft and September 15 for the final report because the RFP had actually asked for a more aggressive schedule.

Kent Holsinger inquired whether data is being added or modified in the current Sed/Veg Model or if the model is being revised in any other manner. Curt stated the plan is to continue revising the model and updating the documentation. There was discussion regarding how these revisions might impact the review by Parson's. Dan Luecke suggested that the Department of the Interior use software that tracks all changes. This would allow a version to be selected and run by date. Curt will implement this software. It was noted that Parson's expected that a large set of data would be provided immediately upon signing of the contract. This would allow Parson's to ask questions of the EIS Team at the first meeting. Curt indicated that if the data or citations can be identified before the meeting, he would bring them to the meeting. Jim Cook noted that if the information can be provided before the meeting it might make the first meeting more productive.

CNPPID Dredging Operation

Don Kraus explained that the EIS Team requested information regarding CNPPID dredging operation last fall, and a paper was provided. Don introduced Kevin Boyd from CNPPID and explained that he would present information from that paper along with other information. Kevin used a slide presentation to discuss the history of the operation from the pre-1950's to today (see attachment). After Kevin's presentation there was a short discussion period.

Milestones and Schedule

Dale Strickland began the discussion by presenting two charts, one depicting NEPA/ESA related milestone linkages and another depicting the linkage of milestones needed before the Program (see attachments). Dale noted that these are only the interrelated milestones and that many other milestones are needed for NEPA/ESA review and before Program implementation. Dale presented a third handout that described anticipated Cooperative Agreement expenditures beyond those contained in Attachment 4 of the Cooperative Agreement Extension Document (see attachment). Dale explained that he had asked each committee chair to anticipated any budget needs beyond Attachment 4 for the extension. Only the TC had additional funding needs for implementation of protocols. Dale reviewed the different monitoring and research related activities anticipated by the Technical Committee for implementation during the Cooperative Agreement Extension and noted that the budget estimates are within the approximately $1 million unallocated funds remaining for the extension period. It was explained that monitoring protocols would be tested during the extension period and once the Program is entered, all parties should be in agreement with the protocols and committed to fully funding the work.

A3-EXT Milestone (RPA Sufficiency)

The Subcommittee held a meeting March 16 in Denver. David Little read several of the major questions that arose during the meeting (see attachment) and noted that other questions may come up during future meetings and discussions. David reported that the general opinion of the subcommittee was that the March 31 date for completion of the milestone was unrealistic and that the subcommittee would like the deadline extended. The GC discussed what the extended deadline should be and what would constitute completion of the milestone (i.e., is a written document needed). It was noted that ultimately, the standards for jeopardy would be need to be written down, but it was not clear if it should be in a subcommittee document, the biological opinion, or someplace else. There was general agreement that all parties need to clearly understand the questions and the FWS positions. The GC agreed by consensus that the subcommittee should meet to clearly frame the questions and issues in preparation for a May 16 GC workshop to discuss the topic.

L3-EXT Milestone (Land Policy)

GC decided to delayed discussion until March 22.

L1-EXT Milestone (Habitat Protection Plan)

Dale noted that the Habitat Protection Plan is due in May and for the subcommittee to complete its work the information from L3-EXT is needed.

L2-EXT (Land Owner Inquiry Form)

Dale distributed copies of the revised form that incorporated GC comments received since the January meeting. It was suggested that "confidential" somehow be added into the header/footer of the form. Dale asked that the GC again review the form tonight and if no other concerns are raised tomorrow that the form would be accepted and distributed for use by the Land Committee Chairs, GC members, and others as appropriate.

R1-EXT (Implementation of protocols as available)

Dale reminded the group that the whooping crane monitoring protocol and portions of the General Vegetation/Geomorphology protocol are currently being tested. Dale also noted that the TC would be bringing forward a budget request to test the Tern and Plover Monitoring Protocol at this meeting.

Existing R Milestones (List of Monitoring Categories)

Dale explained that the list of monitoring categories is contained within the Integrated Monitoring and Research Plan (IMRP) and that all parties have seen the IMRP in the past. The TC is in the process of reviewing and updating the list as well as the entire IMRP and had planned to request a ¾-day workshop with the GC to discuss the topic at the May GC meeting. Currently monitoring expectations are not matching what appears to be available funding during a Program and TC needs a fairly detailed discussion with the GC. There was a discussion regarding when a GC/TC workshop could be held, and it was decided that an April 20 meeting in Cheyenne would work best.

W6-EXT (Tamarack operation)

Rick Brown gave an update of a meeting held on March 20 during which they discussed the daily operating plan for Tamarack based on the current monthly plan. Colorado will be able to pump water when target flows are met. Rick and others will review Tab 3b and Tab 3a to see where more detailed information can be provided. The group also discussed the yield of Tamarack and transfer of water into the Lake McConaughy Environmental Account. There was a discussion regarding how the transfer could be done and how the EIS review is likely to occur.

W1,2,4-EXT subtasks (State Depletions Plans)

The Depletions Plans subgroup met on March 20, 2001, to exchange details and ideas. It was decided that the states would provide a list of project types and/or process to Mark Butler by April 10. Mark will review the information and conduct a preliminary analysis looking at the impacts of depletions plans on pulse flows. An April 25 workshop including the subgroup and the Water Management Committee (WMC) was scheduled so that Mark could present his analysis based on the information received from each state and so that the relationship of pulse flows to state plans could be discussed. The WMC will participate in the workshop thereby fulfilling milestone W12-EXT.

Dan Luecke noted that one issue that the WMC had was if Tamarack resulted in "new" water and how this water could be protected. There was a discussion regarding how Colorado and Nebraska technical representatives will address the topic and keep the WMC updated. It was noted that Tamarack Phase I would likely be the pilot project for investigating this question. A description on how this will be accomplished will be completed by September.

Drafting Committee Issues

Margot Zallen reviewed the issues that the Drafting Committee would like GC resolution on. The issues include the use of a super majority (9 of 10) for all voting issues during the Program and the authority that the GC will have to revise milestones during the Program.

Open Comment Period

Jim Tierney, North Platte residence, distributed and read information to the GC regarding whooping crane use in Nebraska (see attachment).

Jim Lundgren noted that the Cooperative Agreement is not the same process that was started in 1997. Jim expressed that in 1997 the objectives for a Program were 10,000 acres of habitat and 130-150 KAF of target flow reduction and that now the goals and objectives have changed.

March 22, 2001

Don called the meeting to order at 8:15 a.m. and explained that the States would caucus for 1 hour. At 9:20 a.m. the full GC meeting reconvened. Don noted that the agenda would be changed to allow subcommittee reports to be made first.

Subcommittee Reports

Water Management Committee

Dale Strickland made the report. Dale reported that that John Lawson, Water Management Committee (WMC) Chair, was not present at the March 20 meeting. Duane Woodward gave a report at the meeting on the completed Groundwater Study. The WMC requested another review before the paper is finalized. The WMC feels that some outreach effort on the issue will be needed. The Outreach Committee will work with the WMC and GC for an update to be published possibly in the Land Committee newsletter. The WMC established an April 25 workshop to hear presentations related to the states' new depletions plans and Tamarack Phase I operation. The meeting is planned for Denver Water and the GC is invited. This workshop is meant to satisfy milestone W12-EXT (WMC review of milestone information) as well as a request made by Dan Luecke for a discussion on these topics. If the WMC identifies problems at the April 25th workshop, there will be time for the sub-group to revise the information prior to the May GC meeting. All parties realize that any action will be conditional, since information may change during completion of the depletions plans, but that the EIS Team needs more information than they currently have for use in their analysis.

The WMC also discussed their schedule for review of milestone documents/information during the extension period as part of W12-EXT. The WMC recognized the need to stagger completion of milestones so they do not need to review all milestones at once. The WMC also assumes that reviews could also occur after milestone deadlines. The GC discussed the need for a proposal from the WMC on the review schedule. The proposal should include a discussion of how the schedule could impact the EIS schedule and other reviews. The WMC is also planning an August 21 workshop to review milestone documents required for the September GC meeting. The WMC also assumes they will need to review other committees' products as appropriate and assist in the development of some products (e.g. information related to "testing assumption" for pallid sturgeon).

States Meeting

Mike Besson provided the report. The states heard a presentation from The Nature Conservancy (TNC) regarding a land acquisition process proposal. A similar presentation will be made by TNC to the GC today. The states also discussed the Land Policy Statement that will be addressed by the GC later today. The states reviewed the Sediment/Vegetation consultant selection process. Mike explained that they are working on a scope of services, and hopefully will have a contract signed early next week. The states also discussed how coordination with the contractor and FWS would occur. The states also discussed the RPA Sufficiency Subcommittee work and commented on the questions that David Little is compiling for the subcommittee.

Land Committee

Rhodell Jameson, Land Committee (LC) Co-Chair, provided the report. Rhodell explained that the sediment issue and how it impacts the Cooperative Agreement process is not clear to land owners and many comments have been received from landowners and county governments. Rhodell noted that landowners feel that things have changed from just land and water.

Rhodell explained that he and Vernon Nelson had reviewed information from TNC regarding their land acquisition/protection measures. He felt the TNC ideas were consistent with the 3rd party impact and land entity recommendations made by LC. Rhodell and Vernon asked that TNC give a presentation to the GC regarding their ideas. Rhodell introduced Brent Lathrop and John Heaston from the TNC office in Aurora, Nebraska. Brent explained that he and John have been working on compatible economic, social and environmental projects to protect habitat along the river. The project is a joint venture between TNC and landowners that brings all groups together. John described the grassland model (see attachment) and noted that he believes there is room to meet the needs of the Cooperative Agreement and Program. The TNC is working on increasing the value of grasslands so they are more desirable so in turn marginal croplands can be retired to grasslands and still produce a profit for the farmers. Brent noted that landowners are approaching Vernon and Rhodell regarding enrolling their lands into an eventual Program. TNC would be available to discuss options with landowners and enter into a lease/ easement/purchase if GC so desires. John noted that TNC primarily wants to keep landowners on their land by just leasing or purchasing easements from landowners, but TNC is willing to buy property.

Several GC members commended TNC for their work and expressed interest in hearing more about the possibilities presented today. It was noted that TNC is taking a bluff-to-bluff approach for their interests, but when lands are along the river TNC would take into consideration the Program's needs. Brent explained that the typical acreage available along the central Platte River is approximately 80-320 acres and larger tracts of land will take several years to secure with leases, easements, and purchase. The GC asked that Brent and his staff to prepare a written draft proposal for GC consideration. The proposal will be reviewed by the LC co-chairs and then will be reviewed and revised by a GC subgroup yet to be appointed. The subgroup will likely consist of land specialists from the different parties. Dale clarified that TNC is offering two ideas, one is to hold lands during the extension period and the other would be to hold lands during the Program. Concern was raised that the GC and other committees need to resolve current problems before tackling another large issue. Maryanne Bach moved that signatories appoint persons to work with the TNC and the LC co-chairs. Dave Sands second the motion. The GC agreed to appoint a subgroup.

Technical Committee

Paul Tebbel, Technical Committee (TC) chair, provided the report. Paul started by updating the GC regarding funded activities. The TC expects that Horizons, Inc. will take black and white aerial photographs in the next couple of weeks when water and weather conditions permit. AIM, Environmental Consultants is under contract to conduct the Whooping Crane Monitoring and discussions are occurring regarding how to approach fieldwork and identify problems. The TC is also working with the Nebraska and National Wildlife Federations in implementing a ground survey effort for whooping cranes. The TC also anticipated implementing the Tern and Plover Monitoring Protocol this summer primarily with existing cooperator staff and equipment.

Paul reported that the TC continues to work on the General Vegetation/Geomorphology Protocol, protocols for investigating the impacts of flows on fish populations and in-channel vegetation, a protocol related to pallid sturgeon monitoring, and a protocol describing a database to store and retrieve monitoring and research data. The TC is also working on the IMRP. Dale noted an April 20 TC/GC workshop in Cheyenne would focus on the description of design principals and protocols in the IMRP. The GC will be asked for approval of monitoring categories at their May meeting

Outreach Committee

Jerry Vandersnick, Outreach Committee (OC) Chair, provided the report. Jerry noted that the OC has subscribed to a clipping service to follow events from regional newspapers. Copies of the clippings are sent to the Executive Director's office and important clippings will be forwarded to the GC.

Jerry asked the GC to update the OC membership for better participation. Jerry distributed information from the OC charter regarding membership. The GC approved on an Alan Berryman motion and Roger Patterson second a new OC consisting of: Lynn Holt, Jeff Buettner, Vernon Nelson, Becky Mathisen, Kent Holsinger, Jerry Vandersnick, and Dave Sands.

There was discussion regarding the OC role in preparing or reviewing news releases. Concern was raised that not all news releases need to pass through the OC. If the news release is to represent the Cooperative Agreement, then it should pass through the OC. However, if individual parties want to release information on their own, the release needs to clearly state what party is being represented.

Finance Committee

Dayle Williamson, Finance Committee (FC) Chair, provided the report. Dayle reported that the FC has met twice since the last GC meeting. On March 2 the FC had a conference call during which they discussed and approved a Tern and Plover Monitoring Pre-proposal from the TC and approved the Executive Director to enter into a subcontract with Lynx Spatial Technology for GIS assistance for a $4,000 maximum. The FC discussed the expenses of having large party conference calls for GC and other meetings. The FWS and BOR offered their conference lines for these call when available. Larry Schulz reported that an audit of the Cooperative Agreement had been completed with generally good results. The FC also reviewed the status of the Nebraska Community Foundation agreement and noted that the parties are in the process of securing the proper signatures.

The FC approved funding disbursements at their March 20 meeting. The FC discussed and approved a letter detailing receipt of funds from the BOR for the 3rd Party Impacts Analysis. The EIS Team has paid for 2/3 of the total cost and the GC paid for the remaining 1/3. The FC approved the Tern and Plover Monitoring Proposal from the TC in the amount of $13,918. Dayle moved that the GC approve and Norm Demott second. GC approved the proposal by consensus. The FC discussed conducting an audit of the Executive Director's office as it related to the Cooperative Agreement. Larry Schulz and Dale will develop a proposal for conducting the audit. The GC agreed they would cover the time and expenses incurred by WEST, Inc., in participating in the audit.

Dayle explained that the FC is operating under a charter developed for the Program, and because of this some minor changes should be noted in the minutes. These changes include clarifying that the charter is in use during the Cooperative Agreement period and not just during the Program, and to note that the role designated in the charter as "Program Manager" is being filled by the Cooperative Agreement's "Executive Director".

Dayle reported that Rick Brown is the new FC chair. Dayle thanked all parties for their efforts during the Cooperative Agreement and for the plaque presented earlier.

L3-EXT (Land Policy)

Dayle Williamson read a motion into the record to provisionally accept the Draft Land Policy Statement dated 2/21/01 as revised. Dayle reviewed the revisions (see attached revised Policy Statement). Maryanne Bach second. Roger Patterson read into the record three provisions under which the Policy Statement would be accepted (see attachment). Mark Butler noted that it might be helpful to work 3-4 examples through the policy statement so all parties can clearly see how different parcels of land are handled. The GC accepted the Policy Statement as revised and with the provisions. The Executive Director's office will work with Ralph Morgenweck to establish dates for a June workshop to discuss the various land topics.

Drafting Committee Issues

The GC deferred making any decisions on the topics raised on March 21 by the Drafting Committee and asked the Drafting Committee to circulate a document detailing their issues for further review.

Milestones

Colorado - Don Ament reported no change in Colorado's milestones.

Wyoming - Mike Besson reported no change in Wyoming's milestones

Nebraska - Roger Patterson reported no change in Nebraska's milestones

DOI - Mark Butler reported that they are working on setting up an RPA sufficiency workshop.

The FWS also expects a revised R1-1 Baseline document will be distributed to the GC by July 2001. The FWS continues to work on the P3-1 First Increment Milestones and expects a draft to the subgroup by early April.

Open Period Comment Period

No Comments were expressed.

Future Meeting Dates

April 20: TC/GC workshop for Monitoring and Research Issues - Cheyenne

May 15-17 Meetings in Denver

May 15: WMC in the morning

May 15: States meeting in the afternoon

May 16: RPA Sufficiency Workshop

May 17: Full day GC meeting

June 20-21: Land Policy, Habitat Protection Plan Workshop, Denver

July 16-18 Meetings in Cheyenne

July 16: WMC in the afternoon

July 17: States meeting in the morning

July 17: Undecided GC Workshop in the afternoon

July 18: GC meeting

Vice Chair

Alan Berryman nominated Ralph Morgenweck as the new Vice Chair starting in July after Roger Patterson moves to GC Chair. Mike Besson second. There was some discussion regarding the possibility of including water users and environmental representatives in the chair rotations. The GC decided to continue with a signatory representative serving as Chair and Vice Chair. Ralph was approved as Vice Chair with the understanding that Ralph's appointment to the GC depends on DOI appointment.

Adjourn - meeting adjourned at approximately 12:00 p.m.