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• <br />r~ <br />~J <br />flows are protected under State law, the Service will <br />15 <br />Thus, the Service has determined that project depletion impacts, which the <br />Service has consistently maintained are likely to jeopardize the listed <br />fishes, can be offset by (a) the water project proponent's one-time <br />contribution to the Recovery Program in the amount of $12.34 per acre-foot of <br />the project's average annual depletion, (b) appropriate legal protection of <br />instream flows pursuant to State law, and (c) accomplishment of activities <br />necessary to recover the endangered fishes as specified under the Recovery <br />Implementation Program Recovery Action Plan (Plan). The Service believes it <br />is essential that protection of instream flows proceed expeditiously, before <br />significant additional water depletions occur. <br />With respect to (a) above (i.e., depletion charge), the applicant will make a <br />one-time payment which has been calculated by multiplying the project's <br />average annual depletion {15.3 acre-feet) by the depletion charge in effect at <br />the time payment is made. For Fiscal Year 1994 (October 1, 1993, to <br />September 30, 1994), the depletion charge is $12.34 per acre-foot for the <br />average annual depletion which equals a total payment of $]88.80 for this <br />project. This amount will be adjusted annually for inflation on October 1 of <br />each year based on the previous year's Composite Consumer Price Index. The <br />Service will notify the applicant of any change in the depletion charge by <br />September 1 of each year. Ten percent of the total contribution ($18.88), or <br />total payment, will be provided to the Service or its designated agent at the <br />time of issuance of the Federal approvals from the Office of Surface Mining. <br />The balance will be due at the time the construction commences. The payment <br />will be included by the Office of Surface Mining as a permit stipulation. The <br />amount payable will be adjusted annually for inflation on October 1 of each <br />year based on the Composite Consumer Price Index. Fifty percent of the funds <br />will be used for acquisition of water rights to meet the instream flow needs <br />of the endangered fishes (unless otherwise recommended by the Implementation <br />Committee); the balance will be used to support other recovery activities for <br />the Colorado River endangered fishes. Payment should be made to the National <br />Fish and Wildlife Foundation (Foundation). <br />National Fish and Wildlife Foundation <br />1120 Connecticut Avenue, N.W. <br />Suite 900 <br />Washington, D.C. 20036 <br />In a letter dated April 6, 1994, Bear Coal Company agreed to this payment <br />(Appendix A). <br />Each payment is to be accompanied by a cover letter that identifies the <br />project and biological opinion that requires the payment, the amount of <br />payment enclosed, check number, and any special conditions identified in the <br />biological opinion relative to disbursement or use of the funds (there are <br />• none in this instance). The cover letter also shall identify the name and <br />address of the payor, the name and address of the Federal Agency responsible <br />for authorizing the project, and the address of the Service office issuing the <br />