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<br />,J <br /> <br />Ms. Carol DeAngelis <br />February 23, 2004 <br />Page 4 of4 <br /> <br />. <br /> <br />. <br /> <br />support the hnplementation Program including the committees established by the hnplementation <br />Program." <br /> <br />The referenced "San Juan River Basin Recovery hnplementation Program" deals with recovery of the endangered <br />fish species in the San Juan basin, i.e., the Colorado pikeminnow and the razorback sucker, and no other species. <br />Section m. Terms and Conditions, paragraph F. of the Cooperative Agreement states as follows: <br /> <br />"hnplementation Program Modifications, Modifications to the hnplementation Program may be <br />made pursuant to section 5.4 of the attached hnplementation Program without requiring <br />modification to this cooperative agreement or the additional written consent of the signatories to <br />this agreement." <br /> <br />Section 5.4 of the Program document states as follows: <br /> <br />"Modifications of this implementation program may be recommended by any of the participants <br />and shall become effective uoon written concurrence bv at least a two-thirds maiority of all <br />particioants, The participants recognize that the Service and federal agencies must reinitiate <br />consultation when the circumstances described in 50 CFR 402. ] 6 occur." <br /> <br />Clearly neither Reclamation nor the Service has the exclusive authority or capability to unilaterally modify the <br />SJRIP . <br /> <br />Federal funding legislation for the Upper Colorado and San Juan River Basin Recovery Implementation <br />Programs <br /> <br />Public Law 106-392 authorizes "the Bureau of Reclamation to provide cost sharing for the Endangered Fish <br />Recovery Implementation Programs for the Upper Colorado and San Juan River basins," It also recognizes the cost <br />sharing provided by the Upper Basin states, power users, and water users in the Upper Colorado River basin <br />(inclusive of the San Juan River basin) to fulfill the purposes of the Act. <br /> <br />Section I. Purpose of the Act states as follows: <br /> <br />"The purpose of this Act is to authorize and provide funding for the Bureau of Reclamation to <br />continue the implementation of the Endangered Fish Recovery Implementation programs for the <br />Upper Colorado and San Juan River basins in order to accomplish the objectives of these programs <br />within a currently established time schedule." <br /> <br />Throughout p, L. 106-392, there are references made to recovery of "endangered fish" and "endangered fish <br />species." ~/ <br /> <br />Clearly, neither Reclamation nor the Service have any authority to expend any funds appropriated by Congress <br />under this act, or cost shared funds provided by lhe states, water users, or power users, for activities which are not <br />directly related to the recovery of the four endangered Colorado River Fish. Furthermore, a quick review of the <br />workplans for the Upper Colorado and San Juan Recovery Implementation Programs indicates that existing funds <br />are already fully obligated. Thus, no authorization or funding exists. <br /> <br />Conclusion <br /> <br />For the reasons stated above, the reasonable and prudent measures requiring the SJRIP to be expanded to benefit <br />the southwestern willow flycatcher cannot be implemented, As a result, Reclamation cannot accept the Service's <br />January 26, 2004 draft biological opinion. <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Plarming <br /> <br />001487 <br />