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agreement is a Recovery Implementation Program Recovery Action Plan (RIPRAP) which identifies actions emrently believed to be required to recover the endangered fishes in the most • expeditious manner. On January 10, 2005, the Service issued a final programmatic biological opinion on the Maaa~ement Plena for Endnrzger'ed Fishes in the Yampa Rimer Basin (this document is available for viewing at the following interne[ address: http://www.rfi.fws.gov/cn'ip/yampaPBO.htm). The Service has determined that projects that fit under the umbrella of the Yampa River PBO would avoid the likelihood of jeopardy and/or adverse modification of critical habitat for depletion impacts. The Yampa River PBO states that in order for actions to fall within the umbrella of the PBO and rely on the RIPRAP 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/year. 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 conu'ol be • retained for all consultations under this programmatic. The Recovery Agreement was signed by the Service and the Water User. In the letter received by the Service on February 2Q 2007, Rio Tinto Energy America notified the Service that Colowyo Coal Company, L.P. has submitted aone-time contribution based on its share of the costs of the Recovery Implementation Program, to fund recovery actions specified in the Colorado River PBO. The Office of Surface Mining, Reclamation and Enforcement 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 RIPRAP to offset depletion impacts and is not likely to jeopardize the continued existence of the species and is not likely Co destroy or adversely modify designated critical habitat. REINITIATION NOTICE This concludes formal consultation on the subject action. The Recovery Action Plan is an adaptive management plan because additional information, changing priorities, and the development of the States' entitlement may require modification of the Recovery Action Plan. Therefore, the Recovery Action Plan is reviewed annually and updated and changed when necessary and the required time frames include changes in timing approved by means of the normal procedures of the Recovery Program, as explained in the description of the proposed action. Every 2 years, for the life of the Recovery Program, the Service and Recovery Program will review implementation of the Recovery Action Plan actions that are included in this biological opinion [o determine timely compliance with applicable schedules. As provided in ~0 CFR section 402.16. remiuauon of formal consultation is required for new projects where