WSP04310

• File Number: 8449.600
• Description: Chatfield Reservoir
• State: CO
• Basin: South Platte
• Date: 1/1/1984
• Author: CWCB
• Title: Division of Parks Temporary Storage in Chatfield - Background Data
• Water Supply Pro - Doc Type: Data

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ER 1105-2-100
28 Dec 90

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(1) First Costs. The first cost of fish and wildlife resources activities
shall be a Federal cost when any of the following apply:

(a) Such improvement activities provides benefits that are determined to
be national, including benefits to species that are identified by the National
Marine Fisheries Service as of national economic importance, species that are
subject to treaties or international convention to which the United States is a
party, and anadromous fish;

(b) Such activities are designed to benefit speeies that have been listed
as threatened or endangered by the Secretary of the Interior under the terms of
the Endangered Species Act, as amended, or;

(c) Sueh activities are located on lands managed as a national wildlife
refuge.

(d) When fish and wildlife benefits do not qualify as stated above, 25
percent of such first costs of measures associated with those benefits shall be
provided by non-Federal interests during implementation.

(2) OMRR Costs. The non-Federal share of OMRR of all activities to
restore and improve (enhance) fish and wildlife resources shall be 25 percent.

b. Comoleted Projects. This guidance does not affect cost sharing for
fish and wildlife improvement (enhancement) measures at previously constructed
proj ects. That is, 25 pereent of the first costs and 100 percent of the OMRR of
those measures remain a 'non-Federal responsibility unless a new' report to'
Congress recommends otherwise. Operation and maintenance of fish and wildlife
resource improvement measures proposed for inclusion in an existing Federal
program (e.g. National Migratory Bird Management Program) shall be the
responsibility of the Federal agency that administers that program. Non-Federal
sponsors shall be responsible for operation, maintenance and replaeement of
separable improvement measures.

4-38. Soecial Considerations.

a. l<etlands Creation. Separable costs are all Federal for wetlands
established in conjunction wit.h the disposal of dredged material, cons'istent with
guidance set forth in ER l165-2-2J.

b. EndanEered Soecies Act. Section 7. Section 7 provides for specific
coordination and consultation with the FwS and NMFS. The distriet commander
shall initiate specific coordination and consultation, as needed, for endangered
and threatened species and designated critical habitat, or cQncurrent, with
activities under the FWCA. Procedures for Section 7 Coordination are given in
Chapter. 7, Section VI of this regulation. .

c. ReoortinE. Subsection 662(f) of the FW'CA requires that report'!, to
Congress 'include an estimation of the fish and wildlife benefits or losses for

4-63

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