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Recovery Program Actions in the Upper Colorado River above the Confluence with the • Gunnison River. The Service has determined that projects that fit under the umbrella of the Colorado River PBO would avoid the likelihood of jeopazdy and/or adverse modification of critical habitat for depletion impacts. The Colorado River PBO states that in order for actions to fall within the umbrella of the PBO and rely on the Recovery Implementation Program Recovery Action Plan to offset its depletion, the following criteria must be met. 1. A Recovery Agreement must be offered and signed prior to conclusion of section 7 consultation. 2. A fee to fund recovery actions will be submitted as described in the proposed action for new depletion projects greater than 100 acre-feet/yeaz. The 2007 fee is $17.24 per acre-foot and is adjusted each year for inflation. 3. Reinitiation stipulations will be included in all individual consultations under the umbrella of this programmatic 4. The Service and project proponents will request that discretionary Federal control be retained for all consultations under this programmatic. The Recovery Agreement was signed by the Service and the Water User. The depletions associated with this project are under 100 acre-feet/yeaz, therefore, the project sponsor does not make a contribution to fund recovery actions. The OSM has agreed to condition its approval documents to retain jurisdiction should section 7 consultation need to be reinitiated. Therefore, the Service concludes that the subject project meets the criteria to rely on the Recovery Implementation Program Recovery Action Plan to offset depletion impacts and is not likely to jeopardize the continued existence of the species and is not likely to destroy or adversely modify designated critical habitat. REINITIATION NOTICE This concludes formal consultation on the subject action. As provided in 50 CFR 402.16, reinitiation of formal consultation is required where discretionary Federal agency involvement o= control over the action has been retained (or is authorized bylaw) and under the following conditions. a. The amount or extent of take specified in the incidental take statement for the Colorado River PBO is exceeded. The Service has determined that no incidental take, including harm, is anticipated to occur as a result of the depletions contemplated in this opinion because of the implementation of recovery actions. The implementation of the recovery actions contained in the Colorado River PBO will further decrease the likelihood of any take caused 1iy depletion impacts. b. New information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent no[ considered in the Colorado River PBO, In preparing the Colorado River PBO, the Service describes the positive and negative effects of the action it anticipates and considered in the section of the opinion entitled 2 AI I-1-2