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the depletion is new or historic, and provide the information to the Service when consultation is <br />initiated. This information was provided in your consultation request; therefore, the <br />requirements have been met for the subject project to fit under the umbrella of the Yampa River <br />PBO. <br />The Service requests that the Office of Surface Mining, Reclamation, and Enforcement retain <br />discretionary Federal authority for the subject project in case reinitiation of section 7 <br />consultation is required. For your information the reinitiation notice from the Yampa River PBO <br />is presented below. <br />REINITIATION NOTICE <br />This concludes formal consultation on the subject action. The Recovery Action Plan is an <br />adaptive management plan because additional information, changing priorities, and the <br />development of the States' entitlement may require modification of the Recovery Action Plan. <br />Therefore, the Recovery Action Plan is reviewed annually and updated and changed when <br />necessary and the required time frames include changes in timinapproved by means of the <br />normal procedures of the Recovery Program, as explained in the-description of the proposed <br />action. Every 2 years, for the life of the Recovery Program, the Service and Recovery Program <br />will review implementation of the Recovery Action Plan actions that are included in this <br />biological opinion to determine timely compliance with applicable schedules. As provided in 50 <br />CFR section 402.16, reinitiation of formal consultation is required for new projects where <br />discretionary Federal Agency involvement or control over the action has been retained (or is <br />authorized by law) and under the following conditions: <br />1. The amount or extent of take specified in the incidental take statement for this opinion is <br />exceeded. The implementation of the Recovery actions contained in this opinion will <br />further decrease the likelihood of take caused by water depletion impacts. <br />2. <br />New infonmation reveals effects of the action that may affect listed species or critical <br />habitat in a manner or to an extent not considered in this opinion. In preparing this <br />opinion, the Service describes the positive and negative effects of the action it anticipates <br />and considered in the section of the opinion entitled "EFFECTS OF THE ACTION." <br />New information would include, but is not limited to, not achieving one or more response <br />criteria that will be developed as part of the terms and conditions to minimize incidental <br />take. The Service retains the authority to determine whether a significant decline in <br />population has occurred, but will consult with the Recovery Program's Biology <br />Committee prior to making its determination. In the event that one or more population <br />criteria have not been achieved, the Service is to first rely on the Recovery Program to <br />take timely actions to correct the deficiency. <br />3. The section 7 regulations (50 CFR 402.16 (c)) state that reinitiation of consultation is <br />required if the identified action is subsequently modified in a manner that causes an effect <br />to the listed species or critical habitat that was not considered in the biological opinion. It <br />would be considered a change in the action subject to consultation if the Recovery Action <br />2