WSP12636

• File Number: 8282.300
• Description: Colorado River Operations and Accounting - Lower Basin Administrative Procedures
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 8/1/1996
• Author: DOI-BOR
• Title: Description and Assessment of Operations-Maintenance and Sensitive Species of the Lower Colorado River - Volume II - Appendices-Etc - 08-01-96
• Water Supply Pro - Doc Type: Report/Study

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APPENDIX B

CONSULTATION AGREEMENT
SECTION 7 CONSULTATION ON LOWER COLORADO RIVER OPERATIONS
BETWEEN BUREAU OF RECLAMATION AND FISH & WILDLIFE SERVICE

PURPOSE: The intent of this agreement is to establish an approach that will
accommodate the requests and interests of stakeholders to have access to
information and to submit comments during the process of consultation on Lower
Colorado River operations. At the same time it is the intent of the Bureau of
Reclamation (Reclamation) and the Fish and Wildlife Service (FWS) to ensure
that the consultation is completed in a timely fashion and to comply with all
procedures and requirements of the Endangered Species Act.

It is important to recognize that the process described in this agreement is
specific to this consultation and is not intended to extend regulations
related to any National Environmental Policy Act or Rulemaking process. The
target dates identified for each step of the process will be followed closely.
The intent of this agreement is to maintain the process as described below;
however, it is possible that this process may have to be modified or even
abandoned if circumstances change (e.g., litigation is filed, or new proposals
are submitted).

Reclamation's proposed action in this consultation is its operation and
maintenance of its facilities on the Lower colorado River for a period of five
years, or until a long-term conservation program is developed, whichever comes
first. The geographic area addressed in this consultation is within the Lower
colorado River basin and is limited to the main stem reach of the river (i.e.,
from the upper end of Lake Mead at Pierce Ferry to the southerly international
boundary with the Republic of Mexico). The environmental baseline will
include existing conditions as described in 50 C.F.R. S 402.02.

STEP 1 - SUBMISSION OF DRAFT BIOLOGICAL ASSESSMENT (BA) - INITIATION OF FORMAL
CONSULTATION - DRAFT BIOLOGICAL ASSESSMENT PROVIDED TO STAKEHOLDERS. (March
31, 1996). Reclamation will transmit the Draft BA to FWS and submit a letter
requesting initiation of formal consultation. Reclamation will also transmit
the Draft BA to all stakeholders and parties that have requested an
opportunity to participate (e.g., environmental groups, States, and Tribes).

STEP 2 - DRAFT BIOLOGICAL ASSESSMENT AVAILABLE FOR PUBLIC COMMENT. JEstimated
date of close of comment period: May 15, 1996). As soon as practical, but no
later than April 30, 1996, Reclamation will publish in the Federal Register a
notice of availability (listing locations where the public may review the
Draft BA) and also issue a news release on the notice. The notice will
provide that the Draft BA will be made available for comment for a 30 day
period. Reclamation will coordinate this review.

STEP 3 - RESPONSE TO COMMENTS. ON BIOLOGICAL ASSESSMENT. (Estimated date: June
30, 1996). Reclamation will receive comments, and within 45 days of the close
of the public comment period specified in "step 2", Reclamation will decide on
any change or modification to be made to the Draft BA, and transmit this
revised BA to the FWS, along with a formal request that the FWS' review under
50 C.F.R. S 402.14(e) begin. Reclamation will consider and respond to
comments that relate to scope or technical matters of operations during the 5-
year (or shorter) period.

STEP 4 - FWS DEVELOPS AND PROVIDES DRAFT BIOLOGICAL OPINION (BO) TO
RECLAMATION. (Estimated date: November 15, 1996). FWS will have up to 135
days to provide Reclamation with the Draft BO.

Appendix B-1