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L <br />habitat in a manner or to an extent not previously considered; c) if the <br />identified action is subsequently modified in a manner that causes an effec~. <br />to the listed species or critical habitat that was not considered in the <br />biological opinion; or d) if a new species is listed or critical habitat <br />designated that may be affected by the identified action. <br />Pursuant to Section 205 of the Central Utah Project Completion Act (Titles II <br />through VI of Public Law 102-575, 106 Stat 4605, Oct. 1992) the Central Utah <br />Water Conservancy District is considered a Federal agency for purposes of <br />compliance with al! Federal fish, wildlife, recreation, and environmental <br />laws. Specifically the District's Act compliance shall include, but not be <br />limited to: (a) compliance with the provisions of 50 CFR 402 (Interagency <br />Cooperation-Endanyered Species Act of 1973, as Amended; Final Rule); <br />(b) compliance with all sections of the Act including section 7 (a) (1), and; <br />(c) the District will comply with, and be bound by, the provisions of the <br />Recovery Implementation Program (RIP), and the Recovery Implementation <br />Program Recovery Action Plan (RIP RAP) and any amendments or supplements <br />thereto. The requirement for section 7 consultation on these ongoing Federal <br />actions (Table 1) is consistent with environmental compliance required by -:he <br />Central Utah Project Completion Act, with ongoing Federal funding or <br />permitting approval, and with the recent listing of the razorback sucker <br />(Xyrauchen texanus) and designation of critical habitat in the lower 2.5 miles <br />of the Duchesne River. <br />For administrative convenience and for timely compliance with section 7 of tl;e <br />Act, all existing and anticipated impacts of both historic and newly proposed <br />Federal projects within the action area will be included in this basin wide <br />consultation. Projects listed on Table 1 are owned, operated, funded, being <br />constructed, planned, or otherwise carried out by Federal agencies and/or <br />instrumentalities of the United States. Projects in Table 1 all affect the <br />Duchesne River basin, its listed species, and its designated critical habitats <br />in a cumulative manner. Therefore, their combined effects are considered in <br />this biological opinion. <br />Consistent with Part 402 of Title 50, Code of Federal Regulations, section 7 <br />consultation is conducted between the Service and other Federal agencies. <br />Moreover, the ultimate responsibility for compliance with section 7 remains <br />with Federal action agencies. However, in the spirit of cooperation created <br />by the RIP, other entities (e.g., State, local, and tribal interests) are <br />brought into the process as each project is reviewed and evaluated to minimize <br />negative impacts and/or improve conditions for endangered fishes. Copies of <br />this opinion are transmitted concurrently to each agency as part of the <br />consultation process. Consistent with the Service's Native American Policy a <br />copy of this opinion will be provided to the Ute Indian Tribe. <br />