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<br />\ <br /> <br />for determining adequate mitigation measures to compensate for assumed incidental take would <br />have to be worked out between the HCP steering committee and the Service, <br /> <br />The HCP process could incorporate and/or address the results of Reclamation's BA, By signing <br />the MOD with the Lower Division States, the Department of the Interior has made a <br />commitment to support a cooperative effort for ESA compliance on the Lower Colorado River. <br />The Service would probably respond very favorably to an initiative by the Participants in this <br />regard, <br /> <br />The second, more inclusive HCP alternative (E-2), would better meet the Participants' <br />compliance needs than the first (E-l), but would also be more costly and time-consuming to <br />develop and implement. <br /> <br />6. Alternative F. Legislation <br /> <br />This approach takes the compliance process into the political arena where the D.S, Congress can <br />direct or redirect the purpose and objectives of federal regulatory actions, On the other hand, <br />the legislative route opens' Lower Colorado River management concerns to widespread scrutiny, <br />Given the dynamics of congressional action, with each senator and representative pursuing his <br />or her own agendas, even forces unrelated to the substance of the bill could prevent its passage <br />or redirect its focus, Exemption from the ESA is not considered a viable alternative; therefore, <br />the legislation would have to incorporate some kind of conservation plan that would ensure ESA <br />compliance, Developing an effective plan-in fact, developing the entire piece of legislation- <br />would be at least as complicated as putting together a RlP or an HCP, <br /> <br />Developing the legislation and marshalling support for its passage could entail a considerable <br />investment in time, effort, and money, with no guarantee of success, In this respect, relying <br />on an act of Congress involves more risk of invested resources than any other alternative (except <br />perhaps litigation), At the end of the process, Participants could find that they are no further <br />toward achieving their goals than when they began. However. if the effort were successful and <br />a well structured legislated comprehensive conservation strategy Nere in place, project planning <br />certainty would be very high from that point forward, The possibility exists that Reclamation <br />and the Service would be amenable to a legislative solution and would participate in its <br />development, <br /> <br />FINAL REPORT <br /> <br />December 20. 1994 <br />Page xviii <br />