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(HilJ '7 L: 0 actions, pursuant to the Endangered Species Act, to determine if they fit under the umbrella of the PBO. Federal Projects which deplete water above the 15~Mile Reach are exempt froni further consultation on their depletion impacts. The following criteria must be met at the time of individual project consultation to rely on the Recovery Program and be considered under the umbrella of the PBO: 1. A Recovery Agreement must be signed prior to the issuance of a final biological opinion for an individual project. 2. A fee will be submitted as described in the PBO for new project depletions greater than 100 acre-feet/year. The fee is adjusted each year for inflation. The 2003 fee is $15.68 per acre-foot. 3. The Service will include individual incidental take statements in biological opinions for projects covered by the PBO. 4. Re-initiation stipulations will be included in all biological opinions for individual consultations under the umbrella of the PBO. 5. The Service will request that discretionary Federal control be retained for all consultations under the PBO. Future consultations that meet the criteria would avoid the likelihood of jeopardy and! or adverse modification of critical habitat from depletion impacts. Projects that do not meet the criteria are not covered by the PBO, and therefore will require consultation outside of the Recovery Program. Participation in the measures identified in the PBO, and in the implementation of the alternatives identified pursuant to this study to provide an annual average 20,000 acre-feet, will be strictly voluntary. This report identifies specific facilities or property owned by public agencies and private parties. Direct communication has not in all instances occurred with those parties, particularly with regard to the preliminary identification of alternatives. Therefore, identification of alternatives is not intended to, and does not, indicate agreement to participate by the person or entity involved in the implementation of any alternative. In order for any alternative to be implemented, the affected parcies must agree to implement that alternative. Specific issues and concerns with regard to participation have been identified in this report, and the report makes some recommendations concerning potential incentives for parties to participate in the implementation of identified alternatives. II Review of present policy indicates that a lack of incentives exist for entities who are not currently contemplating some action with a federal nexus. Consideration perhaps should be given to developing incentives for participation in the Recovery Program by those entities currently not proposing an action with a federal nexus. The consultant team in this report makes suggestions in this regard. P: \Data \GEN\CWCB\19665\Repon Phase 2\FinaIRepon12.02\Finat Draft _Repon(l-03),doc 16