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14 address of the payor, the name and address of the Federal Agency responsible for authorizing the project, and the address of the Service office issuing the biological opinion. This information will be used by the Foundation to notify the payor, the lead Federal Agency, and the Service that payment has been received. The Foundation is to send notices of receipt to these entities within 5 working days of its receipt of payment. In order to further define and clarify processes outlined in Sections 4.1.5, 4.1.6, and 5.3.4 of the Recovery Program, an additional agreement addressing Section 7 consultation on depletion impacts was developed. The Section 7 agreement establishes a framework for conducting all future Section 7 consultations on depletion impacts related to new projects and those associated with historic projects in the Upper Basin. Procedures outlined in the Section 7 agreement will be used in conjunction with the Plan to determine if sufficient progress is being accomplished in the recovery of the endangered fishes to enable the Recovery Program to serve as a reasonable and prudent alternative to avoid jeopardy. The Plan is expected to be finalized in Fiscal Year 1944 and will be reviewed annually. In accordance with the agreement, the Service has agreed to assess impacts of projects that require Section 7 consultation and determine if progress toward recovery has been sufficient for the Recovery Program to serve as a reasonable and prudent alternative. If sufficient progress is being achieved, biological opinions will be written to identify activities and accomplishments of the Recovery Program that support it as a reasonable and prudent alternative. If sufficient progress in the recovery of the endangered fishes has not been achieved by the Recovery Program, actions from the Plan will be identified which must be completed to avoid jeopardy to the endangered fishes. For historic projects, these actions will serve as the reasonable and prudent alternative as long as they are completed according to the schedule identified in the Plan. For new projects, these actions will serve as the reasonable and prudent alternative so long as they are completed before the impact of the project occurs. The West Elk Mine is considered a new project. The evaluation by the Service to determine if sufficient progress has been achieved considered (a) actions which result in a measurable population response, a measurable improvement in habitat for the fishes, legal protection of flows needed for recovery, or a reduction in the threat of immediate extinction; (b) status of fish populations; (c) adequacy of flows; and (d) magnitude of the project impact. In addition, the Service considered support activities (funding, research, information and education, etc.) of the Recovery Program if they help achieve a measurable population response, a measurable improvement in habitat for the fishes, legal protection of flows needed for recovery, or a reduction in the.threat of immediate extinction. The .Service evaluated progress .separately for the Cqlorado River and Green River subbasins; however; it gave due consideration. to progress throughout the Upper Basin in evaluating progress. toward recovery.: .. ~ . Based on current Recovery Program accomplishments (Appendix C) and the expectation that the Plan will be fully implemented in a timely manner, the Service determined that sufficient progress has been achieved under the Recovery Program so that it could serve as the reasonable and prudent .