Final Minutes
Governance Committee Meeting

Agenda and Minutes

Don Ament, Governance Committee (GC) Chair, called the meeting to order at 8:40 a.m. The agenda was modified to include a discussion of the upcoming June 20-21 Land Component Workshop, report from the Drafting Committee, and a report from the Structure Committee. Suggested changes to the minutes were discussed and the minutes were accepted as modified.

Open Comment Period - none expressed

EIS Team Update

Curt Brown clarified that the Draft EIS is planned for January 2002 and the Final EIS is planned for January 2003.

Parsons Study Update

Ann Bleed reported that the states' representatives met with Parsons Engineering on May 16. Parsons has begun gathering data and has developed a list of information needed from the EIS Team. Parsons is still working toward an August 15 draft due date. A date for a meeting between Parsons and the EIS Team is being established. Another meeting between the states and Parsons is planned for June 20. A more general meeting with all parties is planned for July. The states will meet from 8-10 a.m. on July 17 and a workshop for the GC with Parsons will be from 10:30 a.m. - 5 p.m. on July 17.

Milestone Update

First Increment Milestones (P3-1)

Mark Butler explained that the subgroup met on May 9 and reviewed the March 30 draft document developed by the FWS. The Subgroup agreed to remove the introductory portions of the document. The states are each working on redrafting portions of the milestones related to their activities and developing timeline options for the implementation of the land and water components. This information is to be provided to Mark by June 14, 2001. The group agreed that there are several terms that need definitions so all parties have a common understanding (e.g., present condition).

Program Cost Estimate (A1-EXT and Existing R-Milestones)

Dale Strickland explained that a Cooperative Agreement extension budget has been accepted and that this portion of milestone A1-EXT has been completed. Dale distributed a protocol list and budget that the Technical Committee (TC) has been working on for their estimate of a monitoring and research budget during the Program. This list represents the TC recommendation for the proposed Program's minimum data needs. The current budget estimate is $12,578,000. Dale reviewed a memo from the TC to the GC that outlined the assumptions used in developing the budget (see attached). The TC and GC will continue to refine monitoring and research activities during the First Increment. Dale noted that the TC plans to recommend that the entire IMRP be peer reviewed when it is complete. This will help confirm that the proper monitoring, research and budget have been identified to address the issues.

Several GC members noted that the budget appeared modest and that more money may need to be added in the future. Dale and Kevin Urie, TC member, explained that the TC would likely conduct more research projects and/or more sampling effort in the monitoring with additional funding, but that the monitoring categories would likely remain the same. Concern was raised that the budget might not include enough funding for analysis and report preparation. It was explained that the budget estimates contractors completing reports on individual projects and that the TC assumed staff would prepared overall analysis and reports of the monitoring and research effort. The budget to cover this staff is not included in the TC budget estimate. It was noted that that the budget considers others agencies (e.g., Districts, NGPC, FWS) completing some projects and that these are identified with a budget estimate of zero. Other topics with a budget estimate of zero include analysis of monitoring data for specific purposes by staff.

The GC spent some time asking Dale and TC members in attendance questions related to specific monitoring or research topics identified on the list. Issues discussed included the need to measure more channel cross sections for help in modeling and pallid sturgeon.

A3-Ext - RPA Sufficiency

David Little provided an update on the May 16, 2001 RPA Sufficiency meeting. The group discussed some very difficult questions and identified others. It is uncertain when all parties will be able to begin discussing issues such as sediment research and monitoring.

L1-Ext - Habitat Protection Plan

The Habitat Protection Plan (HPP) Task Force met on May 11. The Task Force discussed the Land Policy Statement, identified areas in the HPP for further clarification, developed a possible evaluation process based on the Policy, and discussed the Habitat Suitability Criteria identified in the Policy. The next meeting is planned for June 14, 2001. At that meeting more discussion on these topics will help focus the issues for the June 20-21 workshop.

R1-Ext

Dale distributed a table identifying all protocols currently funded or proposed for 2001 (see attached). Concern was raised that the NGPC was conducting monitoring efforts that overlapped with the Program. The Program will need to coordinate efforts will all state, federal, and private groups to minimize costs and risks for accidents when aerial surveys are involved.

W1,2,4 Sub-tasks

John Lawson, WMC Chair, explained that the depletions plans associated with these milestones constitute a major WMC effort and that they are working on a staggered schedule for completion and review. Final review of the state and federal plans will extend into 2003. The Depletions Plan subgroup met April 25 and May 15 to discuss the states' plans. John noted that the federal depletions plan is also important and will need review by the WMC. The subgroup schedule includes having the states prepare their revised process documents for determining how/if projects fit within their plans to Mark Butler by June 1. The subgroup will have another meeting in mid-June to discuss the states' revised process documents. Mark will combine the information and conduct an analysis of the depletions plans impact on pulse flows by June 29 and provide it to the WMC for review at their July 12 meeting. The WMC anticipates having their recommendations to the GC in July for milestones that are scheduled for completion by September 1.

W6-Ext - Tamarack

John Lawson indicated that there was not much discussion at the WMC regarding this milestone.

Rick Brown noted that Jon Altenhofen had developed a draft spreadsheet that could be used to investigate Tamarack based on the regime of river, approximately one year ago. This work was put on hold and should be started again. Colorado did submit a general plan for operation of Tamarack and there was a request for a more detailed description.

Drafting Committee Topics

Mary Jane Graham reviewed the items that the Drafting Committee had elevated to the Governance Committee for policy decisions: term of First Increment, GC voting issues, and GC authority to revise Program Document/milestones. The GC agreed that the term for the First Increment has been established at 13 years. Regarding GC voting, the Drafting Committee recommended requiring a 9:1 super-majority for all issues requiring a vote. Concern was raised that the definition of a quorum should include all signatories, one water user, and one environmental representative. It was explained that the current definition is such that one group cannot block GC action by their non-attendance at a meeting. Roger Patterson moved to accept the 9:1 super-majority with the inclusion of BOR and FWS, not limited to just FWS, in the definition of a quorum. Mike Besson seconded and the issue of a 9:1 super-majority for all voting passed unanimously.

The GC discussed its authority in revising milestones, milestone dates, and term of the First Increment. There was general agreement that the GC should have authority to revise milestones and dates during the Program. Regarding the First Increment term it was explained that when the Governors and Secretary of the Interior sign the Program they could either sign for the First Increment or they could sign a perpetual Program. If they sign a 13-year First Increment it will require that another round of signatures be obtain before entering a second increment. Concern was raised that the GC should not have this authority and that the Governors and Secretary retain the authority to authorize a second increment. The Drafting Committee agreed to provide specific language regarding these topics for consideration at a future GC meeting.

Harriet Hageman gave an update on other issues being worked on by the Drafting Committee. These issues include the Program outline, list of Program documents, "to do list", and adaptive management. The Drafting Committee identified the need for clarification of "new water related activities." The Drafting Committee was tasked with drafting the initial language for this definition. The Drafting Committee suggested that a glossary be included in the Program document so as repeat clarification is not needed between sections. Dale Strickland will ask each subcommittee to develop a list of terms for the glossary.

Harriet reviewed the "to do list" and noted that the topics have varying degrees of urgency, with the more pressing items being 1, 4, and 6 (see attached list). Number one includes identification of additional Program documents by the subcommittees. Dale Strickland will help coordinate this effort. Item 4 relates to the "good neighbor policy". The Drafting Committee requested that a subgroup be developed to review the draft policy submitted by the Land Committee Co-Chairs in 2000, including the legal issues. Dale will re-circulate the good neighbor policy statement from the Land Committee Co-chairs and request that each party determine whom they want to represent them on the subgroup. The group will be established at the next GC meeting. Item 6, and 10, relate to Finance Committee action on crediting and disposition of assets. The Finance Committee will schedule a workshop for discussion of the crediting issue.

Margot Zallen noted that the Drafting Committee needs technical representatives appointed to assist them in developing the policy level adaptive management section for the Program. Dale will work with the subcommittees for identification of representatives.

Subcommittee Reports

Water Action Plan Committee - John Lawson indicated nothing new to report.

Water Management Committee

John Lawson, Water Management Committee (WMC) Chair, provided the report. John noted that the ground water flooding report contracted by the EIS Team is complete and the WMC reviewed the report. The WMC is also planning to review the final report to insure edits were properly incorporated. The report will be distributed to the GC in July with WMC recommendations for any further action. The WMC has milestones W7,9,10-EXT with September deadlines. They are planning an August 21 workshop to review these milestones and any other uncompleted milestones.

States Meeting

Don Ament provided the report. Don noted that most of the topics discussed by the states were covered during the May 14 RPA Sufficiency meeting. Specifically the states discussed the sediment issue and how to move the process forward.

Land

Dale Strickland provided the report in the absence of Vernon Nelson and Rhodell Jameson, Land Committee (LC) Co-Chairs. Dale reported that the LC has scheduled a June 14 meeting to bring LC members up-to-date on issues prior to the June 20-21 workshop. Ralph Morgenweck requested that a list of issues be distributed before the workshop. Dale indicated that it would be included with the agenda. Dale asked that any issues for inclusion on the agenda be submitted by May 25. Mark Butler suggested using 3-4 parcels of land and "filter" them through the policy statement, Habitat Protection Plan, and Habitat Suitability Criteria.

Roger Patterson reported that he and Brian Barels met with several sandpit operators in the central Platte region recently. The pit operators are concerned over the description of sandpits in the Third Party Impacts report. Roger and Brian indicated to the pit operators that they would bring their concerns to the GC. The pit operators are planning to provide a written report describing their concerns and additional information to the LC Co-Chairs, Curt Brown, and the State of Nebraska. Roger indicated that the operators want to be compatible with or even cooperators with the Program. If they know what the Program wants in the end, they can create it and then sell/lease the pit to the Program.

Technical Committee

Dale Strickland provided the report in the absence of Paul Tebbel, Technical Committee (TC) Chair. Dale reported that the TC continues work on developing several protocols, including the General Monitoring Protocol, Aerial Photography Protocol, In-Channel Vegetation Monitoring Protocol, and Database Protocol. All components of the General Monitoring protocol are being tested or are planned for testing this summer. The TC submitted and the FC approved a proposal for conducting color-infrared aerial photography this summer. A RFP was circulated contingent on GC funding approval. Dale noted that he has been in contact with the USGS-BRD in Ft. Collins regarding different options for database development. The TC will make recommendation to Dale regarding what the Program's database should include and how it should function. Dale will use this information in further discussions with the USGS. The TC also continues to work on the IMRP budget and other Cooperative Agreement monitoring and research activities.

Dale reported that the Whooping Crane Monitoring Protocol, both ground and aerial surveys, had been successfully implemented. The GC recognized the efforts of the Nebraska and National Wildlife Federations and their volunteers in implementing the ground survey portion of the protocol (Whooper Watch). Carolyn Greene, National Wildlife Federation, gave a brief update on their efforts and noted that an appreciation barbeque was planned for their volunteers. The GC agreed that the Outreach Committee should prepare a press release regarding Whooping Watch and the whooping crane monitoring efforts in general. A formal letter of recognition will be sent to the volunteers.

Mark Butler provided a brief update regarding the R1-1 Baseline Document. The FWS has been working on revisions and plans to distribute a draft document to the TC by May 25. Comments will be requested by June 25 and the FWS will revise the document and distribute to the GC by the July 1 deadline described in the Extension Document. Some sections still need additional work, including the hydrology, geomorphology, and water quality sections.

Outreach Committee

Jerry Vandersnick, Outreach Committee Chair, indicated nothing new to report.

Finance Committee

Rick Brown, Finance Committee (FC) Chair, provided the report. The FC met by conference call on April 26. The FC approved a pre-proposal to augment the Executive Director's budget by $2,414.50 to implement the management specific portion of the General Monitoring protocol at the Cottonwood Ranch Phase I clearing. The FC approved a TC proposal to conduct color-infrared aerial photography this summer. The FC discussed a method to clearly show the differences between the states account with the Nebraska Community Foundation and the general Cooperative Agreement account. A financial review of the Executive Director's office will occur in the coming months.

The FC also met May 16. During the meeting the FC approved the final TC proposal to augment the Executive Director's budget by $2414.50. This will allow them to implement and test the management specific portion of the General Monitoring protocol. Mike Besson moved that the GC also accept this proposal. Maryanne Bach seconded and the GC approved by consensus. The FC also discussed the Parsons Engineering contract process. Maryanne Bach noted that depending on the outcome, the states could be credited for funding the Parsons work. The FC discussed three proposals received to conduct the color-infrared aerial photography. The FC approved $28,000 and asked that the Executive Director clarify the bids and provide information back to the FC via email. Based on the clarifying information the FC will approve securing a contractor. Mike Besson noted that there will not be time for further GC discussion and approval and moved that the GC approve the $28,000 and allow the Executive Director and FC to approve the contractor based on the clarifying information. Roger Patterson seconded and the GC approved by consensus. The FC discussed the Third Party Impacts Standard Agreement, November 1998. The agreement was that the EIS Team would pay 2/3 and GC 1/3 of the total cost of the project, with a cost estimate of $50,000-75,000. The actual cost was approximately $114,000. Thus the GC portion is $38,166.89. The FC supports payment of this amount and the GC agreed. Curt Brown thought that the cost share might have only been for Phase I and that the EIS Team was to pay for Phase II.

Structure Committee

Maryanne Bach, Committee Chair, reviewed the committee membership and indicated that a meeting is scheduled for June 19.

Open Comment Period

Brian Barels requested that actions items be identified on future GC agendas.

Milestones

Nebraska - Roger Patterson reported that the state budget is done and that they will be funding a land use survey and economics evaluation for the State of Nebraska. Currently they are unsure of the scope of the project but will focus on the counties along the river but will include information for throughout the state.

Colorado - Kent Holsinger indicated no new information.

Wyoming - Mike Besson indicated no new information.

DOI - Mark Butler noted that their information was discussed earlier in the meeting.

Future Meetings

Structure Committee: June 19 1-5 p.m., EIS Team Office, Denver

Land Component Workshop: June 20 9 a.m. - 5 p.m. and June 21 8 a.m. - 12:00 p.m., FWS Office, Denver

First Increment Milestone Workgroup: June 21, 1-5 p.m., FWS Office, Denver

Water Management Committee: July 12, Denver

States: July 17, 8-10 a.m., FWS Office, Denver

Parson Workshop: July 17, 10:30 a.m. - 5:00 p.m., FWS Office, Denver

Governance Committee: July 18, 8 a.m. - 12:00 p.m., FWS Office, Denver

Water Management Committee Workshop: August 21, Denver

Water Management Committee: September 12, Cheyenne

States Workshop: September 13, Cheyenne

Governance Committee: September 14, Cheyenne

Adjourn - 1:15 p.m.