2009/09/16 Council Agenda Packet

8 to the obligation contained in the article;(v)terms and conditions in the Incidental Take Statements consisting of Best Management Practices;(vi)FERC's expansion of the Project boundary yielding a result other than that identified in the Material Modification definition above;(vii)the inclusion in any 401 Certification of the WDOE's reservation of authority to reopen its conditions,provided,that such reservation of authority is consistent with this Settlement;(viii)FERC's inclusion of a reservation of authority to require the Licensee to undertake additional measures in excess of the agreed-upon monetary payment amounts set forth in Proposed Aquatic License Article 12;and(ix) any statements,writings or other representations regarding future license applications for this Project. The term of the license shall not be considered a material modification. NEPA shall mean the National Environmental Policy Act,42 U.S.C. §§4321 et seq. Notice shall mean a written communication that meets the requirements of section 7.11 of this Settlement Agreement. Party or Parties shall mean the signatories to this Settlement Agreement. PME shall mean protection,mitigation,and enhancement. Project shall mean the Henry M.Jackson Hydroelectric Project,FERC No.2157. Project License shall be any license issued by FERC pursuant to Section 15 of the FPA for the Project based upon the filing of this Settlement Agreement. Proposed License Articles shall mean the terms and conditions set forth in Appendix 1 of this Settlement Agreement that the Parties will request that FERC include,without Material Modification, in the Project License. Settlement Agreement shall mean the entirety of this Settlement Agreement document and Appendices t through 4. The Settlement Agreement shall not include Attachments and_,which are related agreements attached for informational purposes. 2. Scope of Settlement Agreement 2.1 Purpose The Parties have entered into this Settlement Agreement for the purpose of resolving among them issues that have or could have been raised by the Parties in connection with the Commission order issuing a Project License. Pursuant to the Parties'obligations and authorities under the FPA,this Settlement Agreement establishes the Licensee's obligations for the protection,mitigation and enhancement(PME)of resources affected by the Project. Each Party intends that this Settlement Agreement is consistent with and satisfies its currently applicable statutory and regulatory rights and responsibilities under the FPA with respect to relicensing of the Project. Each Party intends further that, subject to the terms of this Settlement Agreement,no resource protection measure or other license provision,other than those provided in Appendix 1,is necessary to be DRAFT—CONFIDENTIAL SETTLEMENT DOCUMENT-6 44