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<br />IT <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />(5) The need to provide additional compliance for the Project with Section 404 of <br />the Federal Water Pollution Control Act of 1972 (public Law 92-500, commonly <br />referred to as the Clean Water Act). <br /> <br />Reclamation will seek Clean Water Act (CW A) compliance through the Section <br />404(r) provisions which exempt Reclamation from the requirement to obtain a <br />CW A Section 404 permit for construction activities resulting in discharge of <br />dredged or fill material into waters of the United States. An exemption for certain <br />Project features was obtained based upon the 404(b)(I) Evaluation, attached to the <br />1980 FES. Reclamation has expanded the existing 404(r) exemption to include all <br />Project features through additional compliance. A new 404(b)(I) Evaluation, in <br />compliance with EP A's Section 404(b)(I) requirements under 40 CFR part 230, is <br />being prepared. <br /> <br />(6) The previously described Cost Sharing Agreement and construction phasing of <br />the Project constitute substantial changes to the proposed action that are relevant to <br />environmental concerns. <br /> <br />Since completion of the DSFES, the two following issues are now required in <br />environmental impact statements: <br /> <br />(I) Implementation ofa 1993 U.S. Department of the Interior-Reclamation policy <br />regarding analysis and discussion of effects on Indian Trust Assets in environmental <br />impact statements. <br /> <br />(2) On February II, 1994, President Clinton issued Executive Order 12898 on <br />Environmental Justice in Minority Populations and Low Income Populations. <br /> <br />OTHER AL TERNA TIVES CONSIDERED <br /> <br />In addition to the Proposed Plan described above, Reclamation has evaluated <br />approximately 60 alternatives in its new 404(b)(I) Evaluation. Included in the evaluation <br />were the alternatives included in the Alternative Study released by the Sierra Club in <br />1995 and the alternatives proposed by the Southern Ute Grassroots Committee in a <br />February 21, 1995 paper. Both the Sierra Club's and the Southern Ute Grassroots <br />Committee's alternatives would not satisfY the Colorado Ute Indian Water Rights <br />Settlement Agreement and the Purpose and Needs for the Project. <br /> <br />ENDANGERED SPECIES ACT CONSULTATION <br /> <br />Reclamation participated in studies of endangered fish in the San Juan River from 1987 <br />to 1989. In February 1990, Reclamation reinitiated formal consultation with the U.S. <br />Fish and Wildlife Service (Service) under Section 7 of the Endangered Species Act <br />(ESA) based upon new information about Colorado squawfish. The Service then issued <br />a draft Biological Opinion that stated the Project is likely to jeopardize the continued <br /> <br />18 <br />