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<br />will make any necessary amendments to the RIPRAP to fulfill such <br />intent. <br /> <br />2. The RIP is intended to offset both the direct and depletion impacts <br />of historic projects occurring prior to January 22, 1988 (the date <br />when the Cooperative Agreement for the RIP was executed) if such <br />offsets are needed to recover the fishes. Under certain <br />circumstances, historic projects may be subject to consultation <br />under Section 7 of the ESA. An increase in depletions from a <br />historic project occurring after January 22, 1988, will be subject <br />to the depletion charge. Except for the circumstances described in <br />item 11 below, depletion charges or other measures will not be <br />required from historic projects which undergo Section 7 consultation <br />in the future. <br /> <br />3. The Bureau of Reclamation (BR) will operate projects authorized and <br />funded pursuant to Federal reclamation law consistent with its <br />responsibilities under Section 7 of the ESA and with any existing <br />contracts. No depletion charge will be required on depletions from <br />BR projects as long as BR continues its contributions to the RIP's <br />annual budget. <br /> <br />4. The FWS will assess the impacts of projects that require Section 7 <br />consultation and determine if progress toward recovery has been <br />sufficient for the RIP to serve as a reasonable and prudent <br />alternative. The FWS will use accomplishments under the RIP as its <br />measure of sufficient progress. The FWS will also consider whether <br />the probable success of the RIP is compromised as a result of a <br />specific depletion or the cumulative effect of depletions. Support <br />activities (funding, research, I&E, etc.) in the RIP contribute to <br />sufficient progress to the extent that they help achieve a <br />measurable population response, a measurable improvement in habitat <br />for the fishes, legal protection of flows needed for recovery, or a <br />reduction in the threat of immediate extinction. Generally, <br />sufficient progress will be evaluated separately for the Colorado <br />and Green River subbasins (but not individual tributaries within <br />each subbasin). However, the FWS will give due consideration to <br />progress throughout the upper basin in evaluating sufficient <br />progress. <br /> <br />5. If sufficient progress is being achieved, biological opinions will <br />identify the activities and accomplishments of the RIP that support <br />it serving as a reasonable and prudent alternative. <br /> <br />6. If sufficient progress is not being achieved, biological opinions <br />for new and historic projects will be written to identify which <br />action(s) in the RIPRAP must be completed to avoid jeopardy. <br />Specific recovery actions will be implemented according to the <br />schedule identified in the RIPRAP. The FWS will confer with the <br />Management Committee on the identification of these actions within <br />established timeframes for the Section 7 consultation. For historic <br />projects, these actions will serve as the reasonable and prudent <br /> <br />3 <br />