Platte River Habitat Conservation Program

Home Browse Search

The Program will not change the facts that 1) all federal actions in the Basin must comply with Section 7 and 2) the Section 7 consultation process is established and described by Federal regulation (50 CFR Part 402). However, the Program will achieve its goal of preventing the need for jeopardy biological opinions 1) by complying with Section 7 and 2) by cooperatively and proactively achieving the objectives of two other sections of the FSA: Section 2(c)(2) and 4(f)(1) and (2). Section 2(c)(2) states, "It is ...the policy of Congress that Federal agencies shall cooperate with State and local agencies to resolve water resource issues in concert with conservation of endangered species." The Program implements Congressional policy by providing the platform upon which the federal agencies, States, local agencies, and private interests can cooperate to achieve conservation of endangered species through resolution of water resource issues. Sections 4(fl(1) and (2) state the Secretary of Interior "shall develop and implement plans...for conservation and survival of endangered species..." and that the Secretary may use appropriate public and private agencies and institutions and qualified persons in developing and implementing plans for the conservation and survival of endangered species. The Program will develop and implement plans for conservation of Platte River endangered species' habitats, including provision for instream flows, in the Big Bend area to levels that will contribute to recovery of the species. The activities and accomplishments under the Program will provide far greater benefits to threatened and endangered species than would occur under Section 7 of the Act, which requires avoidance of jeopardy, or adverse modification or destruction of critical habitat. The Service will consider the activities and accomplishments of the Program as reasonable and prudent alternatives that avoid jeopardy and adverse modification or destruction of critical habitat when it conducts Section 7 consultations on federal actions related to water development and management that affect threatened and endangered species in the Big Bend area. This will insure that future water use in the Basin does not jeopardize the survival and recovery of Platte River endangered species and their habitats, thus forestalling the 21