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endangered species and designated critical habitats, describe physical and biological <br />characteristics of the respective critical habitats, and provide descriptions of Reclamation <br />projects. <br />Notable changes to the species information that were included in the DEISBA and July 6, 2004, <br />memorandum include (1) removal of the discussion of effects on the black-tailed praine dog <br />because the species was found not warranted for listing on August 18, 2004; (2) addition of <br />information to describe effects to critical habitat that was designated for the Colorado butterfly <br />plant on January 11, 2005; (3) removal of the Eskimo curlew from the species list by the Service <br />due to the lack of acknowledged sightings in the action area for a prolonged period of time; and <br />(4) modification to designated critica] habitat for the piping plover because critical habitat for the <br />species in Nebraska was vacated by the Nebraska District Court on October 13, 2005. <br />Also enclosed with this request are final Program documents agreed to by the Governance <br />Committee during the December 6 and 7, 2005, meetings and a December 16, 2005, conference <br />call. For purposes of this requested consultation, the Program proposal, including the States' <br />new depletion plans, is now final and supersedes earlier versions. This memorandum officially <br />submits the fina] Program proposal and related documents for your consideration in developing <br />the final programmatic BO. <br />Future Consultations That Tier From the Requested Programmatic BO <br />The Environmental Commitments in the DFEISBA note that potential effects associated with <br />Program water leasing and habitat management activities would be identified and potentially <br />eliminated through site-specific pre-leasing and planning reviews. In all cases, the Program <br />would have discretion about where to locate such activities. Because of Interior's substantial <br />involvement in funding and implementing the Program, Program-related activities requiring such <br />funding or approval are Federal actions subject to ESA compliance. Site-specific effects to some <br />widely-distributed listed species, other than target species, would not be known until Program <br />site-specific activities, such as habitaC restoration and water leasing, are identified. Future <br />consu]tations on site-specific Program activities will tier from the programmatic BO and will be <br />conducted, as necessary, when those activities are identified and proposed. The Program will <br />implement appropriate measures to avoid or reduce adverse effects to listed species or designated <br />critical habitats based on consultation with the Service. <br />Determinations of Effect <br />Reclamation and the Service have jointly developed and analyzed the Federal action(s) since <br />1997. As joint leads for National Environmental Policy Act compliance, including impact <br />analysis, Reclamation and the Service have used their expertise in determining how the Program <br />and other alternatives affect listed species, designated critical habitat, habitat elements, and other <br />important environmenCal parameters. Based on analyses disclosed in the DFEIS/BA and <br />consistent with ?uidance provided at 50 CFR 402.12, Reclamation and the Service have