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1 <br />INTRODUCTION <br />This document comprises the U.S. Fish and Wildlife Service's (Service) <br />biological opinion for impacts to federally listed threatened and endangered <br />species in Nebraska from the proposed relicensing of the Kingsley Dam and <br />North Platte /Keystone Diversion Dam Projects (Project Nos. 1417 and 1835) by <br />the Federal Energy Regulatory Commission's (Commission). This biological <br />opinion was prepared in accordance with section 7 of the Endangered Species <br />Act (Act), 16 U.S.C. 1531 et seq. and the Interagency Cooperation Regulations <br />(50 CFR § 402 et seq.). The Service has included a reasonable and prudent <br />alternative (RPA) that should be incorporated as conditions of any new <br />licenses issued by the Commission for these projects. This document also <br />addresses likely effects of the action on one additional species that may soon <br />be proposed for federal listing. Copies of this biological opinion have been <br />provided to each person designated on the official service list, including, <br />the two license applicants: Central Nebraska Public Power and Irrigation <br />District and the Nebraska Public Power District (Districts). <br />This biological opinion addresses the effects of the proposed action on <br />' federally listed species and designated critical habitat pursuant to the Act. <br />However, the U.S. Department of the Interior (Department) has previously <br />' provided additional recommendations relating to non - federally listed migratory <br />birds and other species of concern to the Commission under the authority of <br />section 10(j) of the Federal Power Act (Power Act) and section 2 of the Fish <br />' and Wildlife Coordination Act (Coordination Act), 16 U.S.C. 662 et seq. (U.S. <br />Department of the Interior 1990a, 1994a, and 1994b). The Service, on behalf <br />of the Department, hereby amends and supplements its section 10(j) <br />' recommendations which relate to the RPA and conservation recommendations <br />included in this biological opinion. <br />' The Service has analyzed the impacts of the proposed action, including effects <br />on federally listed endangered, threatened, and candidate species in the <br />Platte River valley in Nebraska that would result from the relicensing of <br />' these projects. As a result of this analysis, the Service does not concur <br />with the Commission's conclusion in the biological assessment (Federal Energy <br />' Regulatory Commission 1995a) that the staff - recommended alternative "is not <br />likely to adversely affect" the endangered whooping crane (Grus americana), <br />interior population of the least tern (Sterna antillarum), pallid sturgeon <br />' (Scaphirhycus albus), Eskimo curlew (Numenius borealis), American burying <br />beetle (Nicrophorus americanus), the threatened bald eagle (Haliaeetus <br />7eucocepha7us), northern Great Plains population of the piping plover <br />(Charadrius melodus), or the western prairie fringed orchid (Platanthera <br />