PRRIP Purposes and Overview Draft (2)

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these activities may be covered throu compliance with the terms of existing federal actions and others will be subject to a-revised consultations whereby the Program is to provide ESA compliance for the tar e?t species. ' alternative. PRy?? +s a c?rs?'c?o„?,,,.,,? aii?z?? .. .. ?.. t.. ? ???:: t?;. ?: _ ?„ ? .,.?t,?.?? ? ?? ? .?„'. .,,..?.:"b : . K..,??,. i?t-. D.-og-am Tlir..r..e Tl....,,..-.o.?? ! A++.?i.l?mor?* 1 fl?n?r?rt a?i.»l.oaA.ill ?.. +1.?•.??.?+n?+ +l.o.. ?...J........... ?? ..?.....,?....?.. . ?.......b ..........t.....?? ... ...... ....?....? ....,> n t 'L.,,o-o 4o t1.e 1a...a ..;t;.. ...7 .. s+.. at;.. oF+he Dr ariL B. New Water-Related Activities. FWc ;„+°„as +ha+ +The Program shal?is to provide ESA compliance for the target species during its term for certain specified new water related activities through the depletions plans of each state and the federal government as described in this Program. Certain new water related activities underwent Section 7 consultation prior to the effective date of this Program (covered by the July 1997 Cooperative Agreement Paragraph VIII.A.3). Under the Program, some of these, + activities may be covered through the terms of existing federal actions and others will be subject to a-revised consultations whereby it will be determined if the new water related activities are covered bv a denletions Dlan and this Pro2ram. ^„y ms••'*i„i- r^?m°„*° -------- > > C. For water related activities covered in Paragraphs IV.A and B above, FWS agrees to encourage other agencies to rely upon the Program when considering agency actions affecting the target species. D. DOI and the states intend that the Program will provide ESA compliance during the First Increment for so long as the Program is attaining its First Increment Milestones (Attachment 2). E. If Milestones are not being met, and FWS makes a preliminary determination that the Program is not providing ESA compliance, FWS will notify the Governance Committee in writing and request assistance in resolving the situation. If the Governance Committee is unable to restore the ability of the Program to provide ESA compliance, the Governance Committee shall refer the matter to the Secretary of the Interior and the three Governors ("Oversight Committee") to resolve the situation. If such attempts at resolution are unsuccessful and the Program is terminated pursuant to the Program Agreement, FWS agrees that if it requests reinitiation of Section 7(a)(2) consultation far any water related activity which relied upon the Program as a component of its ESA compliance and which is subject to reinitiation pursuant to 50 C.F.R. 1 402.16, it will request reinitiation for all such water related activities. FWS further agrees that it will expeditiously pursue all available means to consult on all agency actions for which it requested reinitiation, and if it identifies new or additional measures that it will expeditiously pursue all available means to amend or modify the SepteTbe?November 4-29 2005 Program Document 22 1