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• 16 <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 />biological opinion. This information will be used by the Foundation to notify <br />the payor, the lead Federal Agency, and the Service that payment has been <br />received. The Foundation is to send notices of receipt to these entities <br />within 5 working days of its receipt of payment. <br />In order to further define and clarify processes outlined in sections 4.1.5, <br />4.1.6, and 5.3.4 of the Recovery Program, an additional section 7 agreement <br />and Plan addressing section 7 consultation on depletion impacts was developed <br />(U.S. fish and Wildlife Service 1993). The section 7.agreement establishes a <br />framework for conducting all future section 7 consultations on depletion <br />impacts related to new projects and those associated with historic projects in <br />the Upper Basin. Procedures outlined in the section 7 agreement will be used <br />in conjunction with the Plan to determine if sufficient progress is being <br />accomplished in the recovery of the endangered fishes to enable the Recovery <br />Program to serve as a reasonable and prudent alternative to avoid jeopardy. <br />The Plan was finalized on October 15, 1993, and will be reviewed annually. <br />• [n accordance with the agreement, the Service has agreed to assess impacts of <br />projects that require section 7 consultation and determine if progress toward <br />recovery has been sufficient for the Recovery Program to serve as a reasonable <br />and prudent alternative. If sufficient progress is being achieved, biological <br />opinions will be written to identify activities and accomplishments of the <br />Recovery Program that support it as a reasonable and prudent alternative. If <br />sufficient progress in the recovery of the endangered fishes has not been <br />achieved by the Recovery Program, actions from the Plan will be identified <br />which must be completed to avoid jeopardy to the endangered fishes. For <br />historic projects, these actions will serve as the reasonable and prudent <br />alternative as long as they are completed according to the schedule identified <br />in the Plan. For new projects, these actions will serve as the reasonable and <br />prudent alternative so long as they are completed before the impact of the <br />project occurs. The Orchard Valley Coal Mine project is considered anew <br />project. <br />The evaluation by the Service to determine if sufficient progress has been <br />achieved considered (a} actions which result in a measurable population <br />response, a measurable improvement in habitat for the fishes, legal protection <br />of flows needed for recovery, or a reduction in the threat of immediate <br />extinction; (b) status of fish populations; (c) adequacy of flows; and <br />(d) magnitude of the project impact. In addition, the Service considered <br />support activities (funding, research, information and education, etc.) of the <br />Recovery Program if they help achieve a measurable population response, a <br />measurable improvement in habitat for the fishes, legal protection of flows <br />. needed for recovery, or a reduction in the threat of immediate extinction. <br />The Service evaluated progress separately for the Colorado River and Green <br />River subbasins; however, it gave due consideration to progress throughout the <br />Upper Basin in evaluating progress toward recovery. <br />