WSP12637

• 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 I - Report - 08-01-96
• Water Supply Pro - Doc Type: Report/Study

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participating in significant efforts to assure the survival of the endangered razorback sucker
and bony tail. These and other voluntary conservation measures under Section 7(a)(I) of the
ESA are discussed in Section II of this document.

C. Biological Assessment Content, Scope, and Public Process

1. Request for Formal Consultation

This BA serves as a written request, under the provisions of Title 50 Code of Federal
Regulations (CFR) Part 402.14, to initiate formal consultation with FWS on Reclamation's
discretionary routine operations and maintenance on the lower Colorado River from the full
pool elevation of Lake Mead to the SIB. Under 50 CFR 402. 12(j), a Federal agency may
initiate formal consultation concurrently with the submission of a biological assessment to
FWS. Reclamation is requesting formal consultation based on its "may affect," "may affect,
but not likely to adversely affect," and "may adversely modify critical habitat" (50 CFR
402.14 and FWS 1994 Draft Endangered Species Consultation Handbook) determinations as
discussed in Section IV of this document. Additionally, a conference with FWS is requested
on the proposed listing of the flat-tailed horned lizard as threatened.

2. Content and Scope

"The contents of a biological assessment are at the discretion of the Federal agency and will
depend on the nature of the Federal action" [50 CFR 402.12 (f)]. However, under 50 CFR
402.14(c), the request for formal consultation shall include information in six (a-f) basic
areas:

a. Action: A description of the action to be considered.

"Action means all activities or programs of any kind authorized, funded, or carried out, in
whole or in part, by Federal agencies in the United States or upon the high seas. Examples
include, but are not limited to: (a) actions intended to conserve listed species or their
habitat;. . . (d) actions directly or indirectly causing modifications to the land, water, or air. "
(50 CFR 402.02).

Under 50 CFR 402.03 Applicability, it is stated that "Section 7 and the requirements of this
part apply to all actions in which there is discretionary Federal involvement or control. "

Thus the Federal action addressed by this BA and the formal section 7 consultation under
provisions of the ESA are those discretionary functions within the authority of the Secretary.
Based on the perponderence of the public comments on the March 1996 draft of this
document, it is necessary to clearly distinguish between the Secretary's non-discretionary and
discretionary authorities. This distinction is discussed in detail in "Section II. Description
of Action" portion of this document; however, a short introductory discussion is provided
below.

The Secretary's discretionary management of the lower Colorado River, by Reclamation, is

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