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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />o'~nn~5 <br /> <br />Notices of Availability of the proposed Rule and DPEA were published at 62 Federal Register <br />68492 and 68466, respectively, on December 31, 1997, The public comment period ran <br />concurrently forthe Rulemaking and the DPEA from December31, 1997 to April 3, 1998, A <br />public hearing and a public meeting for the proposed Rule and DPEA were held on February 23, <br />1998 (63 FR 8160) and March 27, 1998 (63 FR 12068) respectively, Reclamation reopened the <br />comment period on the proposed Rule on September 21, 1998 (63 FR 50183) for a 30-day period <br />ending October 21, 1998 to solicit comments on the definition of authorized entity and several <br />other technical matters, Notices of availability of the proposed Rule and DPEA were mailed to <br />local, state, and Federal agencies; other entities and interested parties; and to others upon request. <br />The final PEA (FPEA) was completed in September 1999 (attached) and incorporates a number <br />of changes made as a result of public comments received on the DPEA The noted documents <br />were prepared in compliance with the National Environmental Policy Act (NEP A) of 1969 as <br />amended, the President's Council on Environmental Quality Regulations for Implementing the <br />Procedural Provisions ofNEPA (40 CFR Parts 1500-1508), and the U.S, Department of the <br />Interior, Reclamation NEP A Handbook, <br /> <br />Agency Consultation/Coordination <br /> <br />Reclamation consulted with the U,S, Fish and Wildlife Service (Service) pursuant to section 7(a) <br />and (c) of the Endangered Species Act (ESA) for the Preferred Alternative-Proposed Action for <br />potential impacts on threatened and endangered species and designated habitat in the action area <br />for the Rule, By memorandum dated June 5, 1998, Reclamation submitted a Biological <br />Assessment (BA) and requested concurrence from the Service that the Rule: <br /> <br />. Will have "no effect" on the American peregrine falcon, bald eagle, desert tortoise, flat- <br />tailed homed lizard, brown pelican, and Colorado squawfish; <br /> <br />. Is "not likely to adversely affect" the razorback sucker, bonytail chub, Yuma clapper rail, <br />or southwestern willow flycatcher. Effects on these species are expected to be <br />discountable or insignificant and a take of the species is not expected to occur; and <br /> <br />. Will "not adversely modifY' critical habitat for the razorback sucker and bonytail chub in <br />the Lower Colorado River, <br /> <br />Reclamation identified six environmental commitments that will apply to the review and execution <br />of all SIRAs developed pursuant to the Rule, These are included in, Appendix G, Environmental <br />Commitments of the FPEA <br /> <br />In its memorandum dated August 19, 1998 the Service, upon review of the BA and supporting <br />documentation, concurred with Reclamation's detenninations of effect and its response concluded <br />informal consultation under regulations promulgated in 50 CFR ~ 402,13, which established <br />procedures governing interagency consultation under section 7 of the ESA <br /> <br />3 <br />