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<br />,'" <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />I <br /> <br />The first three concerns are explained more fully below. <br /> <br />1. Continued delays in floodplain acquisition. Reasons for the delays include: <br /> <br />a. A question of who will hold the easements/title of acquired properties. The Bureau of <br />Reclamation has indicated that they are unwilling to make offers on floodplain <br />properties until it is determined who will hold the easement/title. Reclamation also has <br />indicated that they are reluctant to transfer the easement to a nonfederal agency. Either <br />Reclamation and/or the Fish and Wildlife Service need to being willing to hold <br />easement. I have sent a letter to Reclamation indicating that the Service will hold the <br />easements long-term if Reclamation could hold them for up to 3 years, while the <br />Service meets its administrative requirements. We have since received a response from <br />Reclamation indicating their willingness to hold the easements in the interim. <br /> <br />b. NEPA needs to be completed. The Environmental Assessment for floodplain <br />protection/land acquisition was sent out for 30 days of public comment on February 16, <br />1998. The final Environmental Assessment is being completed and should go to the <br />printer the week of April 20, 1998. <br /> <br />c. The easement agreement needs to be completed. A draft agreement has been prepared <br />and is being reviewed by Reclamation. Additional review will be required by the <br />Service and Interior's Solicitor's Office. <br /> <br />d. The Green River (Utah) sovereign lands issue needs to be resolved. Utah claims up to <br />the high-water mark as sovereign lands. This has complicated floodplain acquisition <br />activities along the Green River. If these are sovereign lands, is Utah willing to enter <br />into management agreements to protect and enhance these important floodplain <br />habitats? <br /> <br />2. Protracted negotiations on the programmatic biological opinion have delayed: <br /> <br />a. Colorado River instream flow filings. The Service is seeking a signed settlement <br />agreement by a majority of the objectors. Work on the instream flow filing is <br />continuing by CWCB and the objectors. The water user community has indicated that a <br />settlement agreement is possible concurrent with the programmatic biological opinion. <br /> <br />b. Ruedi Reservoir agreement and releases. The Service is looking for agreement from the <br />water users, Reclamation, and the Service concerning the disposition of the 21,650 acre <br />feet in Ruedi Reservoir. Additionally, an agreeable process and timeline are needed for <br />completing all actions associated with the agreement. <br /> <br />3 <br />