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Program is unable to complete those actions which the Service has determined to be required, <br />consultation on projects with a Federal nexus may be reinitiated in accordance with ESA <br />regulations and this opinion's reinitiation requirements. The Service may also reinitiate <br />consultation on the Recovery Program if fish populations do not improve according to the <br />population response criteria to be developed within one year of the issuance of this BO. Failure <br />to maintain a positive response, whenever achieved, will be considered a negative response and <br />subject to reinitiation. <br />If the Service reinitiates consultation, it will first provide information on the status of the species <br />and recommendations for improving population numbers to the Recovery Program. Only if the <br />Recovery Program does not implement recovery actions to improve the status of the species, will <br />the Service reinitiate consultation with individual projects. The Service intends to reinitiate <br />consultations simultaneously on all depletions. <br />All individual consultations conducted under this programmatic opinion will contain language <br />requesting the applicable Federal agency to retain sufficient authority to reinitiate consultation <br />should reinitiation become necessary. The recovery agreements to be signed by non - Federal <br />entities who rely on the Recovery Program to avoid the likelihood of jeopardy and /or adverse <br />modification of critical habitat for depletion impacts related to their projects will provide that <br />such non - Federal entities also must request the Federal agency to retain such authority. <br />Non - Federal entities will agree by means of recovery agreements to participate during reinitiated <br />consultations in finding solutions to the problem which triggered the reinitiation of consultation. <br />Conservation Recommendations <br />As stated in our February 22, 2011 letter to Colowyo regarding their Coal Mine Permit Revision <br />(PR -03) application (TAILS 2011 -SL- 0042), we believe every effort should be made to mitigate <br />the expected loss of important habitats for the greater sage - grouse. It appears that most, if not <br />all, of the Collom Expansion area is within Preliminary Priority Habitat (PPH), recently <br />designated by the Colorado Parks and Wildlife (CPW) department for the greater sage - grouse <br />(available at <br />httn:/ /wildlife. state. co. us /SiteCollectioD- Documents /DOW /WildlifeSnecies /GrSG PPH PGH 20 <br />120309 Final.vdfl. <br />We recognize that Colowyo has proposed various measures to reduce overall impacts to grouse <br />(and migratory birds), including the following: <br />1. A 212 -acre reduction in the disturbance footprint. <br />2. A focused effort to reestablish sagebrush on slopes of < 10 percent (post mine <br />topography) <br />3. The conversion of 274 acres of wheat fields to a conservation reserve program (CRP) <br />equivalent plant community that would act as additional habitat for sage grouse, mule <br />deer (Odocoileus hemionus), and elk (Cervus canadensis) <br />