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<br />002578 <br /> <br />in sheets, meeting notes, draft/final work products, etc. which indicate that adequate <br />representation, dialog, and decision-making existed to meet the requirements of NEP A. We <br />therefore concluded that it was important that the operating procedures for both the AMWG and <br />the TWG required the production of some minimal level of meeting documentation (agendas, <br />sign-in sheets, notes, work products. etc.), The minimum should be sufficient for the decision- <br />makers to ensure compliance with NEPA. <br /> <br />We then discussed what actions are already covered by existing NEPA documentation. <br />, Reclamation's view is that that which was identified in the FEIS and ROD -- Modified Low <br />Fluctuating Flow alternative and some of the "common elements" of adaptive management -- is <br />covered (certain of the "common elements" will still need separate NEPA compliance and <br />documentation). We asked ourselves whether that "box" which Reclamation had defined could <br />be broadened, We explored the idea of supplementing the existing NEP A documents, or putting <br />together a process which facilitates NEP A review and compliance on a specific case-by-case <br />basis. We ended up gravitating more toward the notion of trying to assist Reclamation (as the <br />action agency) and the other agencies involved in compliance issues with expediting the <br />preparation of the compliance documentation, This might take two forms: (1) ensuring that the <br />details of a proposed action and all the additional information necessary to complete compliance <br />were made available to the agencies in a complete and timely fashion, and (2) assisting with the <br />preparation of some type of "baseline", or progranunatic, eilYironment compliance which would <br />facilitate and expedite compliance for future actions that would require review on an individual <br />basis. Reclamation needed some time to evaluate whether a progranunatic approach for NEPA <br />(and, potentially, ESA) compliance would be desirable; we asked them to provide an answer at <br />the December 10-11 TWG meeting. <br /> <br />ESA Issues <br /> <br />Next we turned our attention to ESA issues. Debra Bills, U.S. Fish and Wildlife Service, <br />Arizona Ecological Services Office, attended our meeting, and with Tony Morton clarified for us <br />several aspects of ESA consultations. Reconsultation on the original Biological Opinion is <br />required under conditions which are spelled out in federal regulations as follows: <br /> <br />if (1) the amount or extent of incidental take is exceeded, (2) new information reveals <br />effects of the agency action that may affect listed species or critical habitat in a manner or <br />to an extent not considered in the opinion, (3) the agency action is subsequently modified <br />in a manner that causes an effect to the listed species or critical habitat not considered in <br />the opinion, or (4) a new species is listed or critical habitat designated that may be <br />affected by the action. <br /> <br />The action agency makes the call on whether reconsultation is necessary. <br /> <br />Much of the discussion on NEP A compliance was then applied to ESA and other <br /> <br />2 <br /> <br />12/10/97 <br />