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Section 404 permit for construction activities resulting in discharge of dredged or fill material into waters of the United States. An exemption for certain Project features was obtained based upon the 404(b)(I) Evaluation, attached to the 1980 FES. Reclamation has expanded the existing 404(r) exemption to include all Project features through additional compliance. A new 404(b )(1) Evaluation, in compliance with EP A's Section 404(b)(I) requirements under 40 CFR part 230, is being prepared. (6) The previously described Cost Sharing Agreement and construction phasing of the Project constitute substantial changes to the proposed action that are relevant to environmental concerns, Since completion of the DSFES, the two following issues are now required in environmental impact statements: (I) Implementation ofa 1993 U.S. Department of the Interior-Reclamation policy regarding analysis and discussion of effects on Indian Trust Assets in environmental impact statements. (2) On February II, 1994, President Clinton issued Executive Order 12898 on Environmental Justice in Minority Populations and Low Income Populations. OTHER ALTERNATIVES CONSIDERED In addition to the Proposed Plan described above, Reclamation has evaluated approximately 60 alternatives in its new 404(b )(1) Evaluation. Included in the evaluation were the alternatives included in the Alternative Study released by the Sierra Club in 1995 and the alternatives proposed by the Southern Ute Grassroots Committee in a February 21, 1995 paper. Both the Sierra Club's and the Southern Ute Grassroots Committee's alternatives would not satisfY the Colorado Ute Indian Water Rights Settlement Agreement and the Purpose and Needs for the Project. ENDANGERED SPECIES ACT CONSULTATION Reclamation participated in studies of endangered fish in the San Juan River from 1987 to 1989. In February 1990, Reclamation reinitiated formal consultation with the U.S. Fish and Wildlife Service (Service) under Section 7 of the Endangered Species Act (ESA) based upon new information about Colorado squawfish. The Service then issued a draft Biological Opinion that stated the Project is likely to jeopardize the continued existence of Colorado squawfish and that no reasonable and prudent alternatives (RP As) were identified to offset jeopardy to the endangered fish, From June 1990 through March 1991, Reclamation consulted with Federal, State, Tribal, and private experts and agencies to develop an RP A that would offset jeopardy to the endangered fish and allow construction of the Project to begin. 16