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• consultation for any water related activity which relied upon the Program as a <br />component of its reasonable and prudent alternative and which is subject to reinitiation <br />pursuant to 50 C.F.R. § 402.16, FWS would request reinitiation of section 7(a)(2) <br />consultation for all such water related activities. FWS agrees that it will not request <br />reinitiation of section 7(a)(2) consultation for any water related activity which relied <br />upon the Program as a component of its reasonable and prudent alternative and which is <br />subject to reinitiation pursuant to 50 C.F.R. § 402.16, unless it requests reinitiation for <br />all such water related activities. FWS further agrees that it will expeditiously pursue all <br />available means to consult on' all agency actions for which it requested reinitiation, and <br />if it identifies new or additional reasonable and prudent alternatives, that it will <br />expeditiously pursue all available means to amend or modify the agency authorizations. <br />If a state continues to carry out its responsibilities under the Program, there is a <br />presumption that such actions are sufficient to avoid violation of the ESA with respect <br />to all water related activities in that state pending completion of any reinitiated <br />consultations. When a state continues to carry out its responsibilities under the <br />Program, that state and any water related activities covered retain the ability to argue <br />that the responsibilities undertaken are sufficient to constitute the long -term reasonable <br />and prudent alternative for the reinitiated consultations. FWS agrees to consider these <br />undertakings in any reinitiated section 7 consultations, including in the development of <br />new reasonable and prudent alternatives. <br />• G. When reinitiating section 7 consultation for a particular water related activity <br />upon cancellation or termination of the Program, FWS agrees to consider the cause of <br />the cancellation or termination of the Program, as appropriate. In developing any new <br />reasonable and prudent alternative to meet the requirements of the ESA, FWS agrees to <br />give credit for any contributions made to this Program by the relevant state or the <br />owner or operator of the water related activity under the Cooperative Agreement and/or <br />the Program, and the degree to which the relevant state or owner or operator met its <br />obligations under the Cooperative Agreement or the Program. <br />H. No person or entity undertaking or proposing to undertake any water related <br />activity will be required to accede to the provisions of this document or to rely on this <br />Program. Reliance on the Program shall be voluntary. In the event such person or <br />entity chooses not to so rely, or chooses to revoke reliance on the Program at any time, <br />FWS will not consider this Program as a reasonable and prudent alternative for such <br />water related activity. FWS believes that revoking reliance on the Program warrants a <br />reopening of any federal action or authorization based thereon, and will reinitiate any <br />ESA section 7(a)(2) consultation for that water related activity which relied upon this <br />Program. <br />1. Any time that FWS reinitiates section 7(a)(2) consultation, it will issue a new <br />biological opinion based on then current conditions. FWS believes that the new <br />biological opinion and any subsequent amendment, restatement, or modification of a <br />• federal action based on the new biological opinion, would constitute a new federal <br />15 <br />