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I I I I I I I I I I I I I I I I I I I coordinated conservation strategies, and all would provide mechanisms for authorizing incidental take through the Section lO(a) permitting process. On the other hand, RCPs are expensive, time-consuming, and complicated to develop and implement. To our knowledge, no large-scale river-based RCP has been attempted. Because of the problems with quantifying take, a method for determining adequate mitigation measures to compensate for assumed incidental take would have to be worked out between the RCP steering committee and the Service. The RCP process could incorporate and/or address the results of Reclamation's BA. By signing the MOU with the Lower Division States, the Department of the Interior has made a commitment to support a cooperative effort for ESA compliance on the Lower Colorado River. The Service would probably respond very favorably to an initiative by the Participants in this regard. The second, more inclusive HCP alternative (B-2), would better meet the Participants' compliance needs than the first (B-1), but would also be more costly and time-consuming to develop and implement. 6. Alternative F. Legislation This approach takes the compliance process into the political arena where the U.S. Congress can direct or redirect the purpose and objectives of federal regulatory actions. On the other hand, the legislative route opens Lower Colorado River management concerns to widespread scrutiny. Given the dynamics of congressional action, with each senator and representative pursuing his or her own agendas, even forces unrelated to the substance of the bill could prevent its passage or redirect its focus. Exemption from the ESA is not considered a viable alternative; therefore, the legislation would have to incorporate some kind of conservation plan that would ensure ESA compliance. Developing an effective plan-in fact, developing the entire piece of legislation- would be at least as complicated as putting together a RIP or an RCP. Developing the legislation and marshalling support for its passage could entail a considerable investment in time, effort, and money, with no guarantee of success. In this respect, relying on an act of Congress involves more risk of invested resources than any other alternative (except perhaps litigation). At the end of the process, Participants could find that they are no further toward achieving their goals than when they began. However, if the effort were successful and FINAL REPORT December 20, 1994 Page 14