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;\ OOZtJUI . . Colorado River Environmental Activities Lower Colorado River Multi-Species Conservation Program As was discussed at last month's Board meeting, the Lower Colorado River Multi-Species Conservation Program (LCR MSCP) Coordinating Team (CT) is meeting frequently in an effort to develop consensus positions related to the preparation of the draft LCR MSCP Conservation Plan, Implementation Agreements, long-tenn funding agreements, and assurances related to long-tenn environmental compliance. Prior to each of the CT meetings, the California MSCP Caucus meets and reviews the proposed agenda for the CT meetings and develops California positions for each ofthe agenda items. At the January 2-3 meetings of the CT, the participants developed points of tentative agreement (PTAs) related to the following topics: . The tenn of the LCR MSCP will be for fifty (50) years; The LCR MSCP Biological Opinion (federal document) will include a "conference opinion" for unlisted species and will cover all federal actions, including the issuance of the non- federal Section 10 incidental take pennit; The LCR MSCP will address ESA Section 7 and 10 actions, including: - Federal covered projects list will be expanded to include non-discretionary federal activities, to ensure that effects are identified, evaluated, and mitigated; - State covered projects lists should be expanded to include non-discretionary federal activities, to ensure that all effects are identified, evaluated, and mitigated. The obligation to provide mitigation for tribal projects, included as MSCP covered projects, is not the responsibility ofthe States; and that approximately 100 acres of impact associated with Tribal projects is within California; and that the BlA and Tribes seeking incidental take authorization in the three states; The definitions and concepts associated with "environmental baseline," "effects of the action," and "potential habitat," as memorialized in the USFWS letter of June 5, 2002 are adopted and agreed to; The effects of increased upper basin depletions are included in the environmental baseline, and are not included in the LCR MSCP as a covered project, nor is there any intent for the LCR MSCP to provide any mitigation for any associated impacts related to Upper Basin depletions; and After reasonable investigation, the participants are not aware of any inter-related or inter- dependent actions other than the non-federal covered actions. . . . . . . Additionally, the meeting participants reviewed the LCR MSCP covered species lists with representatives of the USFWS. After significant discussion, the federal covered species list was reduced from a total of 49 species to 31 species. A similar discussion remains to be held with CDFG regarding species proposed for coverage under California Fish and Game Code. 9