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Page 8 <br />REINITIATION AND CLOSING STATEMENT <br />Any person or entity undertaking a water - related activity that receives federal funding or a <br />federal authorization and which relies on the PRRIP as a component of its ESA compliance in <br />section 7 consultation must agree: (1) to the inclusion in its federal funding or authorization <br />documents of reopening authority, including reopening authority to accommodate reinitiation <br />upon the circumstances described in Section W.E. of the Program document, which addresses <br />program termination; and (2) to request appropriate amendments from the federal action <br />agency as needed to conform its funding or authorization to any PRRIP adjustments <br />negotiated among the three states and the Department of the Interior, including specifically <br />new requirements, if any, at the end of the first PRRIP increment and any subsequent PRRIP <br />increments. The Service believes that the PRRIP should not provide ESA compliance for any <br />water - related activity for which the funding or authorization document does not conform to <br />any PRRIP adjustments (Program Document, section VI). <br />Reinitiation of consultation over BLM's 2009 Projects will not be required at the end of the <br />first 13 -years of the PRRIP provided a subsequent Program increment or first increment <br />Program extension is adopted pursuant to appropriate ESA and NEPA compliance <br />procedures, and, for a subsequent increment, the effects of the Project are covered under a <br />Tier 1 PBO for that increment addressing continued operation of previously consulted -on <br />water - related activities. <br />This concludes formal consultation on the actions outlined in the request from BLM received <br />on March 12, 2009. As provided in 50 CFR § 402.16, reinitiation of formal consultation is <br />required where discretionary Federal agency involvement or control over the action has been <br />retained (or is authorized by law) and if. 1) the amount or extent of incidental take is <br />exceeded; 2) new information reveals effects of the agency action that may affect listed <br />species or critical habitat in a manner or to an extent not considered in this opinion; 3) the <br />agency action is subsequently modified in a manner that causes an effect to the listed species <br />or critical habitat not considered in this opinion; 4) a new species is listed or critical habitat <br />designated that may be affected by the action; 5) an MOA between the Service and the State <br />of Colorado specifying mechanisms for coverage under the North Platte portion of the <br />Colorado Plan for Future Depletions is not signed by December 1, 2009; or 6) the BLM does <br />not submit their monetary contribution, in accordance with the Federal Agencies' MOA with <br />the Service, by March 1, 2010. In instances where the amount or extent of incidental take is <br />exceeded, the specific action(s) causing such take shall be subject to reinitiation <br />expeditiously. <br />Requests for reinitiation, or questions regarding reinitiation should be directed to the Service's <br />Colorado Field Office at the above address. If you have any questions regarding this <br />consultation, please contact Sandy Vana - Miller of my staff at (303) 236 -4748. <br />Attachment: Letter from State of Colorado <br />