Platte River Habitat Conservation Program

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a) for historic projects, these actions will serve the reasonable and prudent alternatives as long as they are completed according to the schedule identified in the Program; b) for new projects, these actions will serve as reasonable and prudent alternatives so long as they are completed before the impact of the project occurs. In addition, new projects will pay a depletion charge of $_ on the project's net depletion as part of any reasonable and prudent alternative needed to avoid jeopardy. (If the Service finds that there is no jeopardy or adverse modification or destruction of critical habitat, no depletion charge, or other reasonable and prudent alternative will be required.); c) the Service has ultimate authority and responsibility for determining whether progress is sufficient to enable it to rely upon the Program as a reasonable and prudent alternative and r .;. identifying actions necessary to avoid jeopardy. The Service will confer with the Program on the identification and scheduling of these actions needed to serve as reasonable and prudent alternatives. 6. Certain situations may result in the Service determining that the action(s) identified as reasonable and prudent alternatives in previously rendered biological opinions are no longer serving as a reasonable and prudent alternative. These situations may include, but are not limited to: a. critical deadlines for specified Program actions are misseti; or b. specified Program actions are determined to be infeasible; or c. significant new information about the habitat needs or population status of the Platte River endangered species becomes ava.ilable. The Service will notify the Program when a situation may result in it not serving as a reasonable and prudent alternative. The Program will work with the Service to evaluate the situation and develop the most appropriate response to restore Program actions as a reasonable and prudent alternative. 25