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This information is intended to convey the underlying concepts for Reclamation's decision processes. It is not mandatory.
See the Reclamation Manual for official Reclamation-wide requirements.
Reclamation's Decision Process Guide
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Fatal Flaws
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Fatal flaws are foreseeable trainwrecks, or negative effects that
cannot be offset by any degree of benefits from other factors
(e.g., jeopardizing an endangered species, inundating a wild
and scenic river). Negative effects may be real or perceived.
In either case, the result is the same--the option
won't work.
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| One way to avoid fatal flaws is ensuring
that your process includes all of the necessary checkpoints
(e.g. 404 permits) and participants (e.g., decisionmakers).
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If at any point you identify a fatal flaw,
evaluate to determine if:
- It really is a fatal flaw --ask if there is any way around
it.
- Another option will meet the need
without the fatal flaw
- The cost to fix is higher than the option's worth
- The need is worth addressing
If not,
Additional documentation, such as a
Biological Opinion may help delineate what can and cannot be done. Use required
processes such as Section 7 consultation under the Endangered
Species Act or Section 404 permits from the U.S. Army Corps
of Engineers to work with other groups and communicate to avoid
fatal flaws early on.
In the Planning process required for obtaining construction
funding through Congress ( Principles
and Guidelines ) four tests are used to screen options for fatal flaws:
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Please contact Deena Larsen 303-445-2584 with questions or comments on this material.