Vol. 78 Tuesday, No. 151 August 6, 2013

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Graham’s Beardtongue (Penstemon grahamii) and White River Beardtongue (Penstemon scariosus var. albifluvis); Proposed Rule

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DEPARTMENT OF THE INTERIOR Processing, Attn: FWS–R6–ES–2013– maximum extent prudent and 0082; Division of Policy and Directives determinable, have habitat designated Fish and Wildlife Service Management; U.S. Fish and Wildlife that is considered to be critical habitat. Service; 4401 N. Fairfax Drive, MS Section 4(b)(2) of the Act states that 50 CFR Part 17 2042–PDM; Arlington, VA 22203. the Secretary shall designate and make revisions to critical habitat on the basis [Docket No. FWS–R6–ES–2013–0082; We request that you send comments 4500030113] only by the methods described above. of the best available scientific data after We will post all comments on http:// taking into consideration the economic RIN 1018–AZ61 www.regulations.gov. This generally impact, national security impact, and means that we will post any personal any other relevant impact of specifying Endangered and Threatened Wildlife information you provide us (see the any particular area as critical habitat. and Plants; Designation of Critical Information Requested section below for The Secretary may exclude an area from Habitat for Graham’s Beardtongue (≤ more information). critical habitat if she determines that the Penstemon grahamii) and White River The coordinates or plot points or both benefits of such exclusion outweigh the Beardtongue (Penstemon scariosus from which the maps are generated are benefits of specifying such area as part var. albifluvis) included in the administrative record of the critical habitat, unless she AGENCY: Fish and Wildlife Service, for this critical habitat designation and determines, based on the best scientific Interior. are available at http://www.fws.gov/utah data available, that the failure to designate such area as critical habitat ACTION: Proposed rule. fieldoffice under Latest News, http:// www.regulations.gov at Docket No. will result in the extinction of the SUMMARY: We, the U.S. Fish and FWS–R6–ES–2013–0082, and at the species. Wildlife Service, propose to designate Utah Ecological Services Field Office We are preparing an economic critical habitat for Graham’s (see FOR FURTHER INFORMATION CONTACT). analysis of the proposed designations of beardtongue (Penstemon grahamii) and Any additional tools or supporting critical habitat. In order to consider White River beardtongue (Penstemon information that we may develop for economic impacts, we are preparing an scariosus var. albifluvis) under the this critical habitat designation will also analysis of the economic impacts of the Endangered Species Act of 1973, as be available at the Fish and Wildlife proposed critical habitat designations amended (Act). We are proposing Service Web site and Field Office set out and related factors. We will announce approximately 27,502 hectares (67,959 above, and may also be included in the the availability of the draft economic acres) for designation as critical habitat preamble and/or at http:// analysis as soon as it is completed, at for Graham’s beardtongue in Duchesne www.regulations.gov. which time we will seek additional public review and comment. and Uintah Counties in Utah and Rio FOR FURTHER INFORMATION CONTACT: Blanco County in Colorado. We are We will seek peer review. We are Larry Crist, Field Supervisor, U.S. Fish seeking comments from independent proposing approximately 6,036 hectares and Wildlife Service, Utah Ecological (14,914 acres) for designation as critical specialists to ensure that our critical Services Field Office, 2369 West Orton habitat proposal is based on habitat for White River beardtongue in Circle, Suite 50, West Valley City, UT Duchesne and Uintah Counties in Utah scientifically sound data and analyses. 84119; by telephone at 801–975–3330; We have invited these peer reviewers to and Rio Blanco County in Colorado. If or by facsimile at 801–975–3331. If you we finalize this rule as proposed, it will comment on our specific assumptions use a telecommunications device for the and conclusions in this critical habitat extend the Act’s protections to these deaf (TDD), call the Federal Information species’ critical habitats. proposal. Because we will consider all Relay Service (FIRS) at 800–877–8339. comments and information we receive DATES: We will accept comments SUPPLEMENTARY INFORMATION: during the comment period, our final received or postmarked on or before rule may differ from this proposal. October 7, 2013. Comments submitted Executive Summary electronically using the Federal Why we need to publish a rule. This Information Requested eRulemaking Portal (see ADDRESSES is a proposed rule to designate critical We intend that any final action section, below) must be received by habitat for two plant taxa, Graham’s resulting from this proposed rule will be 11:59 p.m. Eastern Time on the closing beardtongue (Penstemon grahamii) and based on the best scientific data date. We must receive requests for White River beardtongue (P. scariosus available and be as accurate and as public hearings, in writing, at the var. albifluvis), which are proposed as effective as possible. Therefore, we address shown in FOR FURTHER threatened species under the request comments or information from INFORMATION CONTACT by September 20, Endangered Species Act (Act). A other concerned government agencies, 2013. proposed rule to list Graham’s the scientific community, industry, or ADDRESSES: You may submit comments beardtongue and White River any other interested party concerning by one of the following methods: beardtongue as threatened species is this proposed rule. We particularly seek (1) Electronically: Go to the Federal published elsewhere in today’s Federal comments regarding: eRulemaking Portal: http:// Register. Under the Act, any species (1) The reasons why we should or www.regulations.gov. Search for Docket that is determined to be an endangered should not designate habitat as ‘‘critical No. FWS–R6–ES–2013–0082, which is or threatened species requires critical habitat’’ under section 4 of the Act (16 the docket number for this rulemaking. habitat to be designated, to the U.S.C. 1531 et seq.) including whether Then, in the Search panel on the left maximum extent prudent and there are threats to the species from side of the screen, under the Document determinable. Designations and human activity, the degree of which can Type heading, click on the Proposed revisions of critical habitat can only be be expected to increase due to the Rules link to locate this document. You completed by issuing a rule. designation, and whether that increase may submit a comment by clicking on The basis for our action. Under the in threat outweighs the benefit of ‘‘Comment Now!’’ Endangered Species Act, any species designation such that the designation of (2) By hard copy: Submit by U.S. mail that is determined to be an endangered critical habitat may not be prudent. or hand-delivery to: Public Comments or threatened species shall, to the (2) Specific information on:

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(a) The amount and distribution of benefits of the proposed critical habitat found those physical or biological Graham’s beardtongue and White River designation. features: beardtongue occupied and suitable Please include sufficient information (a) Essential to the conservation of the habitat; with your submission (such as scientific species, and (b) Areas that were occupied at the journal articles or other publications) to (b) Which may require special time of listing (or are currently allow us to verify any scientific or management considerations or occupied) and that contain features commercial information you include. protection; and essential to the conservation of the Please note that submissions merely (2) Specific areas outside the species that should be included in the stating support for or opposition to the geographical area occupied by the designation and why; action under consideration without species at the time it is listed, upon a (c) What areas not occupied at the providing supporting information, determination that such areas are time of listing are essential for the although noted, will not be considered essential for the conservation of the conservation of the species and why; in making a determination, as section species. Conservation, as defined under (d) What may constitute ‘‘physical or 4(b)(2) of the Act directs that critical section 3 of the Act, means to use and biological features essential to the habitat designations be made based on the use of all methods and procedures conservation of the species,’’ within the the best scientific data available and that are necessary to bring an geographical range currently occupied after consideration of economic and endangered or threatened species to the by the species; other relevant impacts. You may submit your comments and point at which the measures provided (e) Where the ‘‘physical or biological pursuant to the Act are no longer features essential to the conservation of materials concerning this proposed rule by one of the methods listed in the necessary. Such methods and the species,’’ features are currently procedures include, but are not limited found; ADDRESSES section. We request that you send comments only by the methods to, all activities associated with (f) Information indicating how these scientific resources management such as species respond to natural and described in the ADDRESSES section. We will post your entire comment— research, census, law enforcement, anthropogenic disturbances; and habitat acquisition and maintenance, (g) Special management including your personal identifying information—on http:// propagation, live trapping, and considerations or protection that may be transplantation, and, in the needed in critical habitat areas we are www.regulations.gov. You may request at the top of your document that we extraordinary case where population proposing, including managing for the pressures within a given ecosystem potential effects of climate change. withhold personal information such as your street address, phone number, or cannot be otherwise relieved, may (3) Land use designations and current include regulated taking. or planned activities in the subject areas email address from public review; however, we cannot guarantee that we Critical habitat receives protection and their possible impacts on proposed under section 7 of the Act through the critical habitat. will be able to do so. Comments and materials we receive, requirement that Federal agencies (4) Information on the projected and as well as supporting documentation we ensure, in consultation with the Service, reasonably likely impacts of climate used in preparing this proposed rule, that any action they authorize, fund, or change on Graham’s and White River will be available for public inspection carry out is not likely to result in the beardtongues and proposed critical on http://www.regulations.gov, or by destruction or adverse modification of habitat. appointment, during normal business critical habitat. The designation of (5) Any probable economic, national hours, at the U.S. Fish and Wildlife critical habitat does not affect land security, or other relevant impacts of Service, Utah Ecological Services Field ownership or establish a refuge, designating any area that may be Office (see FOR FURTHER INFORMATION wilderness, reserve, preserve, or other included in the final designation; in CONTACT). conservation area. Such designation particular, we seek information on any does not allow the government or public impacts on small entities or families, Previous Federal Actions to access private lands. Such and the benefits of including or Elsewhere in today’s Federal Register, designation does not require excluding areas that exhibit these we propose to list Graham’s implementation of restoration, recovery, impacts. beardtongue and White River or enhancement measures by non- (6) Whether any specific areas we are beardtongue as threatened species under Federal landowners. Where a landowner proposing for critical habitat the Act. Please see this proposed listing requests Federal agency funding or designation should be considered for rule for a complete history of previous authorization for an action that may exclusion under section 4(b)(2) of the Federal actions for these two plants. affect a listed species or critical habitat, Act, and whether the benefits of the consultation requirements of section potentially excluding any specific area Background 7(a)(2) of the Act would apply, but even outweigh the benefits of including that We intend to discuss only those in the event of a destruction or adverse area under section 4(b)(2) of the Act. topics directly relevant to the modification finding, the obligation of (7) Whether we could improve or designation of critical habitat in this the Federal action agency and the modify our approach to designating proposed rule. For more information on landowner is not to restore or recover critical habitat in any way to provide for Graham’s beardtongue and White River the species, but to implement greater public participation and beardtongue, refer to the proposed rule reasonable and prudent alternatives to understanding, or to better to list these species, also published in avoid destruction or adverse accommodate public concerns and today’s Federal Register. modification of critical habitat. comments. Critical habitat is defined in section 3 Under the first prong of the Act’s (8) The likelihood of adverse social of the Act as: definition of critical habitat, areas reactions to the designation of critical (1) The specific areas within the within the geographical area occupied habitat and how the consequences of geographical area occupied by the by the species at the time it was listed such reactions, if likely to occur, would species, at the time it is listed in are included in a critical habitat relate to the conservation and regulatory accordance with the Act, on which are designation if they contain physical or

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biological features (1) which are our primary source of information is identification of critical habitat can be essential to the conservation of the generally the information developed expected to increase the degree of threat species and (2) which may require during the listing process for the to the species, or special management considerations or species. Additional information sources (2) Such designation of critical habitat protection. For these areas, critical may include articles in peer-reviewed would not be beneficial to the species. habitat designations identify, to the journals, conservation plans developed There is no imminent threat of take extent known using the best scientific by States and counties, scientific status attributed to collection or vandalism for data available, those physical or surveys and studies, biological either of these species, and biological features that are essential to assessments, or other unpublished identification and mapping of critical the conservation of the species (such as materials and expert opinion or habitat is not expected to initiate any space, food, cover, and protected personal knowledge. such threat. In the absence of finding habitat). In identifying those physical We recognize that critical habitat that the designation of critical habitat and biological features within an area, designated at a particular point in time would increase threats to a species, if we focus on the principal biological or may not include all of the habitat areas there are any benefits to a critical physical constituent elements (primary that we may later determine are habitat designation, then a prudent constituent elements such as roost sites, necessary for the recovery of the finding is warranted. Here, the potential nesting grounds, seasonal wetlands, species. For these reasons, a critical benefits of designation include: (1) water quality, tide, soil type) that are habitat designation does not signal that Triggering consultation under section 7 essential to the conservation of the habitat outside the designated area is of the Act, for actions in which there species. Primary constituent elements unimportant or may not be needed for may be a Federal nexus where it would are those specific elements of the recovery of the species. Areas that are not otherwise occur because, for physical or biological features that important to the conservation of the example, the critical habitat has become provide for a species’ life-history species, both inside and outside the unoccupied or the occupancy is in processes and are essential to the critical habitat designation, will question; (2) focusing conservation conservation of the species. continue to be subject to: (1) activities on the species’ most essential Under the second prong of the Act’s Conservation actions implemented habitat features and areas; and (3) definition of critical habitat, we can under section 7(a)(1) of the Act, (2) providing educational benefits to State designate critical habitat in areas regulatory protections afforded by the or County governments or private outside the geographical area occupied requirement in section 7(a)(2) of the Act entities. Therefore, because we by the species at the time it is listed, for Federal agencies to ensure their determined that the designation of upon a determination that such areas actions are not likely to jeopardize the critical habitat will not likely increase are essential for the conservation of the continued existence of any endangered the degree of threat to the species and species. For example, an area currently or threatened species, and (3) section 9 may provide some measure of benefit, occupied by the species but that was not of the Act’s prohibitions on taking any we find that designation of critical occupied at the time of listing may be individual of the species, including habitat is prudent for Graham’s essential to the conservation of the taking caused by actions that affect beardtongue and White River species and may be included in the habitat. Federally funded or permitted beardtongue. critical habitat designation. We projects affecting listed species outside designate critical habitat in areas their designated critical habitat areas Critical Habitat Determinability outside the geographical area occupied may still result in jeopardy findings in Having determined that designation is by a species only when a designation some cases. These protections and prudent, under section 4(a)(3) of the Act limited to its range would be inadequate conservation tools will continue to we must find whether critical habitat for to ensure the conservation of the contribute to recovery of this species. these two species is determinable. Our species. Similarly, critical habitat designations regulations at 50 CFR 424.12(a)(2) state Section 4(b)(2) of the Act requires that made on the basis of the best available that critical habitat is not determinable we designate critical habitat on the basis information at the time of designation when one or both of the following of the best scientific data available. will not control the direction and situations exist: Further, our Policy on Information substance of future recovery plans, (i) Information sufficient to perform Standards Under the Endangered habitat conservation plans (HCPs), or required analyses of the impacts of the Species Act (published in the Federal other species conservation planning designation is lacking, or Register on July 1, 1994 (59 FR 34271)), efforts if new information available at (ii) The biological needs of the species the Information Quality Act (section 515 the time of these planning efforts calls are not sufficiently well known to of the Treasury and General for a different outcome. permit identification of an area as Government Appropriations Act for critical habitat. Fiscal Year 2001 (Pub. L. 106–554; H.R. Prudency Determination When critical habitat is not 5658)), and our associated Information Section 4(a)(3) of the Act, as determinable, the Act allows the Service Quality Guidelines, provide criteria, amended, and implementing regulations an additional year to publish a critical establish procedures, and provide (50 CFR 424.12), require that, to the habitat designation (16 U.S.C. guidance to ensure that our decisions maximum extent prudent and 1533(b)(6)(C)(ii)). are based on the best scientific data determinable, the Secretary shall We reviewed the available available. They require our biologists, to designate critical habitat at the time the information pertaining to the biological the extent consistent with the Act and species is determined to be an needs of the species and habitat with the use of the best scientific data endangered or threatened species. Our characteristics where these species are available, to use primary and original regulations (50 CFR 424.12(a)(1)) state located. This and other information sources of information as the basis for that the designation of critical habitat is represent the best scientific data recommendations to designate critical not prudent when one or both of the available and led us to conclude that the habitat. following situations exist: designation of critical habitat is When we determine which areas (1) The species is threatened by taking determinable for Graham’s beardtongue should be designated as critical habitat, or other human activity, and and White River beardtongue.

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Physical or Biological Features juniper woodland dominated by Utah across all known points of 17.6 degrees In accordance with section 3(5)(A)(i) juniper and pin˜ on pine. Graham’s (Service 2013, p. 2). Graham’s and 4(b)(1)(A) of the Act and regulations beardtongue sites at lower elevations are beardtongue grows on slopes ranging at 50 CFR 424.12, in determining which occasionally within a sparse desert from 0 to 73 degrees, although areas within the geographical area shrubland dominated by shadscale occurrences on steeper slopes are rare. saltbush. Ninety-five percent of the known points occupied by the species at the time of Within these plant communities, are on slopes that are 40 degrees or less listing to designate as critical habitat, Graham’s beardtongue is found in open (GIS analysis 2013). Individuals of we consider the physical or biological or sparsely vegetated, raw shale areas. Graham’s beardtongue usually grow on features that are essential to the Dwarf shrubs and cushion-like herbs southwest-facing exposures (GIS conservation of the species and which make up the distinctive plant analysis 2013). Therefore, we identify may require special management community type occurring on these southwest-facing slopes of less than 40 considerations or protection. These calcareous shale sites. The following degrees to be a physical or biological include, but are not limited to: species are in part co-occurring with feature for this species. (1) Space for individual and Graham’s beardtongue and are similarly population growth and for normal endemic and totally restricted to the Food, Water, Air, Light, Minerals, or behavior; Green River Geologic Formation: Dragon Other Nutritional or Physiological (2) Food, water, air, light, minerals, or milkvetch (Astragalus lutosus), oilshale Requirements other nutritional or physiological columbine (Aquilegia barnebyi), Soils and Geology. Graham’s requirements; Barneby’s thistle (Cirsium barnebyi), beardtongue is found on highly basic (3) Cover or shelter; oilshale cryptantha (Cryptantha soils derived from strata of the Green (4) Sites for breeding, reproduction, or barnebyi), Graham’s cryptantha River Formation (Shultz and Mutz 1979, rearing (or development) of offspring; (Cryptantha grahamii), Rollins’ p. 40; Neese and Smith 1982, p. 64). and cryptantha (Cryptantha rollinsii), These soils provide the root (5) Habitats that are protected from ephedra buckwheat, and White River microhabitat essential for the species’ disturbance or are representative of the beardtongue. Intact native plant growth and reproduction. These soils historic geographical and ecological communities immediately adjacent to are very shallow with virtually no soil distributions of a species. Graham’s beardtongue shale habitat are horizon development. The little soil We derive the specific physical and also important to prevent the above the consolidated calcareous shale biological features essential for encroachment of invasive weeds into rock of its parent material is usually Graham’s beardtongue and White River this habitat (Service 2012b, entire). very light clay derived from thinly beardtongue from studies of these The long-term viability of Graham’s bedded shale. The soil surface is species’ habitat, ecology, and life history beardtongue is dependent on having a covered with shale channers (thin, flat as described in our proposal to list the diverse plant community that supports fragments up to 15 cm (6 in) long, species as threatened published pollinators, even if that plant usually less than 5 cm (2 in) across), elsewhere in today’s Federal Register. community is sparse (see Reproduction, underlain with larger shale fragments to Graham’s Beardtongue below). Flowering in Graham’s a depth of 5 to 10 cm (2 to 4 in). The beardtongue can be highly unreliable shale channers usually weather to a We determined that Graham’s year-to-year, so pollinators of this light tan color. Freshly broken channers beardtongue requires the physical and species are likely to rely on nearby exhibit a very dark brown interior due biological features described below. plants as a food source in years when to the high organic content of the Space for Individual and Population Graham’s beardtongue does not flower kerogen (the hydrocarbons from plant Growth and for Normal Behavior very much (Dodge and Yates 2008, p. material that are the main source of oil 30). Therefore, based on the information in oil shales). Plant Community. Graham’s above, we identify sparsely vegetated, The majority of Graham’s beardtongue beardtongue is associated with a suite of barren shales with a diverse plant populations and those with the largest species similarly adapted to xeric community dominated by the dwarf numbers of plants occur on the oil- growing conditions on highly basic shrubs, cushion-like plants, and shale-rich Mahogany ledge, which is the calcareous (containing calcium endemic species listed above to be a outcrop of the richest oil shale bed of carbonate) shale soils (for more physical or biological feature for this the Parachute Creek Member of the discussion, see ‘‘Soils’’ below). The species. Green River Formation (Cashion 1967, vascular plant species most frequently Slope and Topography. Throughout p. 1; Shultz and Mutz 1979, p. 40). associated with Graham’s beardtongue this proposed rule, we will refer to Water can collect (called ‘‘perching’’) on include saline wild-rye (Leymus salina), points, which are data that represent a the Mahogany zone, and Graham’s spiny greasebush (Glossopetalon physical location where one or more beardtongue may be adapted to access spinescens var. meionandra), Utah plants were observed on the ground. water through this natural process juniper (Juniperus osteosperma), Point data are usually collected by GPS (Shultz and Mutz 1979, p. 40; Service shadscale saltbush (Atriplex and stored as a ‘‘record’’ in a geographic 2012b, entire). The remaining confertifolia), twoneedle pin˜ on (Pinus information system (GIS) database. We occurrences are associated with upper edulis), mountain thistle (Cirsium mapped all plant points and grouped members of the Green River Formation scopulorum), ephedra buckwheat them into populations following as described by Weiss and Witkind (Eriogonum ephedroides), sulfur flower standardized methods used by the (Weiss et al. 1990, entire; Remy 1992, p. buckwheat (Eriogonum umbellatum), national network of Natural Heritage BB18). Therefore, based on the Colorado feverfew (Parthenium Programs (see the proposed listing rule information above, we identify the ligulatum), and Fremont’s wild- published elsewhere in today’s Federal upper Green River Formation oil shale buckwheat (Eriogonum corymbosum) Register). About a third of all known soils as a physical or biological feature (UNHP 2013, entire). Graham’s Graham’s beardtongue point locations in for this species. beardtongue sites at higher elevation our files grow on slopes that are 10 Climate. Graham’s beardtongue is can be found within sparse pin˜ on- degrees or less, with an average slope adapted to a cold desert climate, with

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most precipitation occurring in the Penstemon-specializing wasp, pollinators allows for travel distances of spring and fall, and snow cover from Pseudomasaris vespoides, is likely the approximately 700 m (2,297 ft) (Service December through March (Western most common pollinator for P.grahamii 2012a, p. 8). Regional Climate Center 2013, entire). (Lewinsohn and Tepedino 2005, p. 17). If a pollinator can fly long distances, Winter snow cover may be important for Larger bumblebees, such as Bombus pollen transfer is also possible across this species by preventing severe frost huntii (Hunt’s bumblebee), are also these distances. In the interest of damage to plants during the coldest thought to pollinate Graham’s protecting pollinators of Graham’s months (Bannister et al. 2005, pp. 250– beardtongue (England 2003, entire). beardtongue, and thus genetic flow 1). Temperatures can be extreme, with These bees are mostly ground and twig- between individuals and reproduction average summer highs around 34 nesting bees (Dodge and Yates 2008, pp. for this species, we identified a 700-m degrees Celsius (°C) (93 degrees 30–1). (2,297-ft) area beyond occupied habitat Fahrenheit (°F)) and average winter Pollinators generally need a diversity to conserve the pollinators essential for lows around ¥14 °C (7 °F) (Western of native plants whose blooming times plant reproduction. These pollinator Regional Climate Center 2013, entire). overlap, nesting and egg-laying sites habitat areas have the added benefit of Graham’s beardtongue seeds need at with appropriate nesting materials, potentially providing more habitat for least 45 to 90 consecutive days at less undisturbed shelter for overwintering, Graham’s beardtongue to expand into, than 4 °C (40 °F) in order to germinate and a landscape free of poisonous and add protection against (Wilcox et al. undated, p. 5). Average chemicals (Shepherd et al. 2003, pp. encroachment by invasive weeds or annual precipitation across the range of 49–50). Intact native plant communities other disturbance effects. this species varies from 15 to 30 cm (6 that connect populations of rare plants Habitats Protected from Disturbance or to 12 in) (GIS analysis 2013). Because are also important, as anthropogenic Representative of the Historic Graham’s beardtongue evolved under disturbances may be a barrier to Geographical and Ecological these climatic conditions, we identify pollinator movement (Bhattacharya et Distributions of the Species suitable precipitation—15 to 30 cm (6 to al. 2003, pp. 42–43). As previously 12 in) with most precipitation in spring described (see Space for Individual and Intact Soils. Anthropogenic habitat and fall and snow cover from December Population Growth and for Normal fragmentation within Graham’s through March—and suitable Behavior, above), Graham’s beardtongue beardtongue occupied habitat has not temperatures—average winter low individuals are sparsely distributed and been severe. However, fragmentation is temperature of ¥14 °C (7 °F) and flowering can be irregular. Populations likely to increase in the future without average summer high of 34 °C (93 (°F)) of other beardtongue species in areas additional protection. As an oil shale with at least 45 to 90 consecutive days adjacent to Graham’s beardtongue endemic, Graham’s beardtongue is less than 4 °C (40 °F)—as physical or occupied habitat are essential to support limited to a specific soil type and biological features for this plant. These the pollinating wasp’s (Pseudomasaris structure (see Soils and Geology, above). climatic conditions are likely vespoides) population during periods of It is likely that once Graham’s influenced, in part, by elevation. poor Graham’s beardtongue floral beardtongue habitat is disturbed availability (Lewinsohn and Tepedino through soil-disturbing activities such Cover or Shelter 2007, p. 236). Protecting these species as oil shale development (see I. Energy Seeds and seedlings of Graham’s and intact native plant communities Exploration and Development in our beardtongue require the right maintains connectivity between areas, proposed listing rule published microclimate for germination and allowing pollinators to move between or elsewhere in today’s Federal Register), establishment. However, we do not within populations. These beardtongue it is essentially lost to the species. In know the specific requirements of species include thickleaf beardtongue addition, restoration of native species in Graham’s beardtongue for suitable (Penstemon pachyphyllus), Fremont’s arid climates is difficult (Monsen 2004, microsites, nor are these features likely beardtongue (P. fremontii), Rocky p. 29). Maintaining intact shale soils to be manageable as a physical or Mountain beardtongue (P. strictus), and where Graham’s beardtongue grows is biological feature for this species. White River beardtongue (P. scariosus, important to ensure viability of the Suitable conditions for seed germination not to be confused with P. scariosus var. species. We have identified intact soils and seedling establishment are further albifluvis). Because the evidence within Graham’s beardtongue occupied described in the Plant Community and presented above indicates that habitat and nearby plant communities is Soils and Geology sections, above. pollinators are necessary to maximize an important physical or biological successful reproduction of Graham’s Sites for Breeding, Reproduction, or feature for this species. beardtongue, we have identified Rearing (or Development) of Offspring pollinators and their associated habitats White River Beardtongue Reproduction. Graham’s beardtongue as a physical or biological feature for We have determined that White River can produce seeds through self- this species. beardtongue requires the physical and pollination, but is much more In general, pollinators will focus on biological features described below. reproductively successful when it is small areas where floral resources are cross-pollinated (Dodge and Yates 2009, abundant; however, occasional longer Space for Individual and Population p. 14). At least 11 different pollinator distance pollination will occur. Growth and for Normal Behavior species visit Graham’s beardtongue Typically, pollinators fly distances that Plant Community. White River (England 2003, entire; Lewinsohn and are in relation to their body sizes, with beardtongue is found in semi-barren Tepedino 2007, p. 235; Dodge and Yates smaller pollinators flying shorter openings of mixed desert shrub and 2008, p. 31), and there is no evidence distances than larger pollinators pin˜ on-juniper communities. The of pollinator limitation for this species (Greenleaf et al. 2007, pp. 589–96). vascular plant species most frequently (Dodge and Yates 2008, p. 14). Using available information, we associated with White River Pollinators include small to medium- extrapolated likely travel distances of beardtongue include Barneby’s thistle, sized solitary bees in the following Graham’s beardtongue pollinators based saline wild-rye, spiny greasebush, Utah genera: Agopostemon, Anthophora, on their medium to large body sizes. juniper, twoneedle pin˜ on, shadscale Lasioglossum, and Osmia. A The body size of Graham’s beardtongue saltbush, Dragon milkvetch, Barneby’s

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thistle, Barneby catseye, rayless tansy- beardtongue—a cold desert climate, pollinates White River beardtongue. aster (Xanthisma grindelioides), and with most precipitation occurring in the These bees are mostly ground and twig- Indian ricegrass (Achnatherum spring and fall, and snow cover from nesting bees (Dodge and Yates 2008, p. hymenoides) (UNHP 2013, entire). December through March (Western 30–1). Occasionally White River beardtongue Regional Climate Center 2013, entire). Pollinators generally need a diversity is found with oilshale columbine and Winter snow cover may be important for of native plants whose blooming times Graham’s beardtongue (Franklin 1995, this species as it can prevent severe frost p. 5). Many of the other oil shale damage to plants during the winter overlap, nesting and egg-laying sites endemics found growing with Graham’s months (Bannister et al. 2005, p. 250– with appropriate nesting materials, beardtongue can be found with White 1). Temperatures can be extreme, with undisturbed shelter for overwintering, River beardtongue, although White average summer highs around 34 and a landscape free of poisonous River beardtongue grows in slightly less degrees Celsius (°C) (93 degrees chemicals (Shepherd et al. 2003, pp. sparse areas (see Plant Community for Fahrenheit (°F)) and average winter 49–50). Intact native plant communities Graham’s beardtongue, above, for a lows around ¥14 °C (7 °F) (Western that connect populations of rare plants complete list (Neese and Smith 1982, p. Regional Climate Center 2013, entire). are also important, as anthropogenic 58)). We consider sparsely vegetated, White River beardtongue seeds need at disturbances may be a barrier to barren shale dominated by the dwarf least 45 to 90 consecutive days at less pollinator movement (Bhattacharya et shrubs, cushion-like plants, and than 4 °C (40 °F) to germinate (Wilcox et al. 2003, p. 42–3). Flowering in White endemic species listed above to be a al. undated, p. 5). Average annual River beardtongue is not as unreliable as physical or biological feature for this precipitation across the range of this that for Graham’s beardtongue, although species. species varies from 15 to 30 cm (6 to 12 maintaining plant communities adjacent Slope and Topography. About one- in) (GIS analysis 2013). Because White to occupied habitat are still important to fifth of all known point locations of River beardtongue evolved under these maintain a diversity of pollinators White River beardtongue are on slopes climatic conditions, we identify suitable (Tepedino et al. 1997, p. 246) and to of 10 degrees or less, with an average precipitation—15 to 30 cm (6 to 12 in) maintain connectivity between areas, slope for all known points of 19.2 with most precipitation in spring and allowing pollinators to move between degrees (Service 2013, p. 3). This is fall and snow cover from December sites within each population. Because somewhat steeper than the slopes on through March—and suitable which Graham’s beardtongue grows, temperatures—average winter low the evidence presented above indicates although 95 percent of the known points temperature of ¥14 °C (7 °F) and that pollinators are necessary to are on slopes that are 33 degrees or less average summer high of 34 °C (93 (°F)) maximize successful reproduction of (GIS analysis 2013). Field observations with at least 45 to 90 consecutive days White River beardtongue, we consider also indicate that White River less than 4 °C (40 °F)—as physical or pollinators and their associated habitats beardtongue grows on steeper slopes biological features for this plant. These as a physical or biological feature for than Graham’s beardtongue (Brunson climatic conditions are likely this species. 2012; Service 2012), but this hypothesis influenced, in part, by elevation. Like Graham’s beardtongue, we should be tested. White River extrapolated likely travel distances of beardtongue individuals usually grow Cover or Shelter White River beardtongue pollinators on southwest-facing exposures (GIS Seeds and seedlings of White River based on their small to medium body analysis 2013). Therefore, we identify beardtongue require the right southwest-facing slope of less than 33 microclimate for germination and sizes. A notable exception to pollinators degrees to be a physical or biological establishment. However, we do not observed on White River beardtongue is feature for this species. know the specific requirements of White that Bombus spp. and other large bees River beardtongue for suitable do not visit these flowers. This Food, Water, Air, Light, Minerals, or microsites, nor are these features likely observation is not surprising given the Other Nutritional or Physiological to be manageable as a physical or relatively smaller size of the flower Requirements biological feature for this species. compared to other beardtongues like Soils and Geology. White River Suitable conditions for seed germination Graham’s beardtongue. In the interest of beardtongue is restricted to calcareous and seedling establishment are further protecting pollinators of White River soils derived from oil shale barrens of described in the Plant Community and beardtongue, and thus genetic flow the Parachute Creek Member and other Soils and Geology sections, above. between individuals and reproduction members of the Green River Formation for this species, we identified a 500-m in the Uinta Basin of northeastern Utah Sites for Breeding, Reproduction, or Rearing (or Development) of Offspring (1,640-ft) area beyond occupied habitat and adjacent Colorado. White River to conserve the pollinators essential for beardtongue is also associated with the Reproduction. Although White River plant reproduction. We based this Mahogany ledge (see Soils and Geology beardtongue can produce seed through distance on the fact that small to self-pollination, cross-pollination for Graham’s beardtongue, above, for medium species visit White River produces the most seed and fruits more details). White River beardtongue beardtongue, and these species are overlaps with Graham’s beardtongue at (Lewinsohn and Tepedino 2007, p. 234). likely capable of travelling a distance of some locations, and the soil types are At least 15 different pollinator species 500 m (1,640 ft) between plants or from basically the same, although White visit White River beardtongue, and there River beardtongue can also be found in is no evidence of pollinator limitation nesting sites to plants. These pollinator red, fine-textured, shallow, soils. Based for this species (Lewinsohn and habitat areas have the added benefit of on the information above, we identify Tepedino 2007). Pollinators include potentially providing more habitat for the Green River Formation oil shale small to medium native solitary bees White River beardtongue to expand into, soils as a physical or biological feature including Anthophora, Ceratina and add protection against for this species. (carpenter bees), Halictus (sweat bees), encroachment by invasive weeds or Climate. White River beardtongue is Lasioglossum, and Osmia species. other disturbance effects. adapted to the same climate as Graham’s Pseudomasaris vespoides (wasp) also

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Habitats Protected From Disturbance or River beardtongue (Penstemon scariosus primary constituent elements for White Representative of the Historic var. albifluvis). River beardtongue are nearly identical Geographical and Ecological c. Intact, surrounding, native plant in some cases to those for Graham’s Distributions of the Species community to support pollinators and beardtongue. We note explicitly where Intact Soils. Anthropogenic habitat protect from the encroachment of differences exist. fragmentation within White River invasive weeds and other potential Based on our current knowledge of beardtongue occupied habitat has not threats. the physical or biological features and (2) Slopes and topography. been severe. However, fragmentation is habitat characteristics required to a. Southwest- to western-facing likely to increase in the future without sustain the species’ life-history slopes. sufficient protection. As an oil shale processes, we determine that the b. Slopes of less than 40 degrees; primary constituent elements specific to endemic, White River beardtongue is average slope of 17.6 degrees. limited to a specific soil type and White River beardtongue are: (3) Soils and geology. (1) Plant community. structure (see Soils and Geology, above). a. Parachute Creek Member and other a. Barren areas with little, but diverse, It is likely that once White River upper members of the Green River plant cover. beardtongue’s habitat is disturbed Geologic Formation. b. Presence of dwarf shrubs and through soil-removing activities such as b. Appropriate soil morphology cushion-like, oil shale endemic plants, oil shale development, it is essentially characterized by shallow soils with including Dragon milkvetch (Astragalus lost to the species (see I. Energy virtually no soil horizon development, lutosus), oilshale columbine (Aquilegia Exploration and Development in our with a surface usually covered by barnebyi), Barneby’s thistle (Cirsium proposed listing rule published broken shale channers or light clay barnebyi), oilshale cryptantha elsewhere in today’s Federal Register). derived from the thinly bedded shale. (Cryptantha barnebyi), Graham’s In addition, restoration of native species c. Intact soils with minimal cryptantha (Cryptantha grahamii), in arid climates is difficult (Monsen anthropogenic disturbance (at or below Rollins’ cryptantha (Cryptantha 2004, p. 29). Maintaining intact shale current levels) within Graham’s rollinsii), ephedra buckwheat soils where White River beardtongue beardtongue occupied habitat and (Eriogonum ephedroides), and grows is important to ensure viability of nearby plant communities. occasionally Graham’s beardtongue the species. We have identified intact (4) Climate. A cold desert climate (Penstemon grahamii). soils within White River beardtongue with the same conditions under which c. Intact, surrounding, native plant occupied habitat and nearby plant the species evolved and is typical for community to support pollinators and communities as an important physical the area. Annual precipitation of 15 to protect from the encroachment of or biological feature for this species. 30 cm (6 to 12 inches) with most invasive weeds and other potential Primary Constituent Elements for precipitation in spring and fall and threats. Graham’s Beardtongue snow cover from December through (2) Slopes and topography. March. Average winter low temperature a. South- to southwest-facing slopes. Under the Act and its implementing of ¥14 °C (7 °F) and average summer b. Slopes of less than 33 degrees; regulations, we are required to identify high of 34 °C (93 (°F)) with at least 45 average slope of 19.2 degrees. the physical or biological features to 90 consecutive days less than 4 °C (3) Soils and geology. essential to the conservation of (40 °F). a. Parachute Creek Member and other Graham’s beardtongue in areas occupied (5) Habitat for pollinators. upper members of the Green River at the time of listing, focusing on the a. Ground and twig nesting areas for Geologic Formation. features’ primary constituent elements. pollinators. A diverse mosaic of native b. Appropriate soil morphology We consider primary constituent plant communities that include characterized by shallow soils with elements to be those specific elements flowering plants that provide nectar and virtually no soil horizon development, of the physical or biological features pollen for a wide array of pollinator with a surface usually covered by that provide for a species’ life-history species. broken shale channers or light clay processes and are essential to the b. Connectivity between areas derived from the thinly bedded shale. conservation of the species. allowing pollinators to move from one c. Intact soils with minimal Based on our current knowledge of site to the next within each population. anthropogenic disturbance (at or below the physical or biological features and c. A 700-m (2,297-ft) area beyond current levels) within White River habitat characteristics required to occupied habitat to conserve the beardtongue occupied habitat and sustain the species’ life-history pollinators essential for plant nearby plant communities. processes, we determine that the reproduction. (4) Climate. A cold desert climate primary constituent elements specific to with the same conditions under which Graham’s beardtongue are: Primary Constituent Elements for White the species evolved and is typical for (1) Plant community. River Beardtongue the area. Annual precipitation of 15 to a. Barren areas with little, but diverse, Under the Act and its implementing 30 cm (6 to 12 inches) with most plant cover. regulations, we are required to identify precipitation in spring and fall and b. Presence of dwarf shrubs and the physical or biological features snow cover from December through cushion-like, oil shale endemic plants, essential to the conservation of White March. Average winter low temperature including Dragon milkvetch (Astragalus River beardtongue in areas occupied at of ¥14 °C (7 °F) and average summer lutosus), oilshale columbine (Aquilegia the time of listing, focusing on the high of 34 °C (93 (°F)) with at least 45 barnebyi), Barneby’s thistle (Cirsium features’ primary constituent elements. to 90 consecutive days less than 4 °C barnebyi), oilshale cryptantha We consider primary constituent (40 °F). (Cryptantha barnebyi), Graham’s elements to be those specific elements (5) Habitat for pollinators. cryptantha (Cryptantha grahamii), of the physical or biological features a. Ground and twig nesting areas for Rollins’ cryptantha (Cryptantha that provide for a species’ life-history pollinators. A diverse mosaic of native rollinsii), ephedra buckwheat processes and are essential to the plant communities that include (Eriogonum ephedroides), and White conservation of the species. In addition, flowering plants that provide nectar and

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pollen for a wide array of pollinator competition, and protecting these River beardtongue would also preserve species. species’ reproduction by protecting their redundancy and resilience. As b. Connectivity between areas pollinators. described in our listing proposed rule, allowing pollinators to move from one published elsewhere in today’s Federal Criteria Used To Identify Critical site to the next within each population. Register, White River beardtongue has Habitat c. A 500-m (1,640-ft) area beyond 11,423 known plants distributed in 7 occupied habitat to conserve the As required by section 4(b)(2) of the populations, and Graham’s beardtongue pollinators essential for plant Act, we use the best scientific data has 31,702 known plants distributed in reproduction. available to designate critical habitat. 24 populations. We conclude that both We review available information Special Management Considerations or species are currently viable, but that pertaining to the habitat requirements of Protection their viability will be substantially the species. In accordance with the Act decreased in the future, mainly because When designating critical habitat, we and its implementing regulation at 50 of the threat of energy development. We assess whether the specific areas within CFR 424.12(e), we consider whether consider a species viable if it can persist the geographical area occupied by the designating additional areas—outside over the long term, thus avoiding species at the time of listing contain those currently occupied as well as extinction. A species can be conserved features which are essential to the those occupied at the time of listing— (and is thus viable) if it has conservation of the species and which are necessary to ensure the conservation representation, resiliency, and may require special management of the species. We are not proposing to redundancy (Shaffer and Stein 2000), as considerations or protection. A detailed designate any areas outside the explained earlier. discussion of the current and future geographical area currently occupied by As described in our listing proposed threats to Graham’s beardtongue and Graham’s beardtongue or White River rule, published elsewhere in today’s White River beardtongue can be found beardtongue because occupied areas are Federal Register, the total population of in the proposed listing rule, which is sufficient for the conservation of these White River beardtongue may be as high published elsewhere in today’s Federal species. as 25,000 plants (Franklin 1995, entire); Register. The primary threats impacting Conserving imperiled species can be additional surveys are likely to locate the physical and biological features accomplished by following the three Rs: more plants and additional populations essential to the conservation of representation, resiliency, and within the boundaries of the proposed Graham’s beardtongue and White River redundancy (Shaffer and Stein 2000). critical habitat. Our proposed critical beardtongue that may require special Representation, or preserving some of habitat includes all verified populations management considerations or everything, means conserving not just a of both species and additional suitable protection within the proposed critical species but its associated plant habitats into which the species habitat include, but are not limited to, communities, pollinators, and pollinator populations can expand. Therefore, we energy exploration and development, habitats. We addressed representation conclude that our proposed critical the cumulative impacts of increased through our primary constituent habitat boundaries would be sufficient energy development, livestock grazing, elements for each species as discussed to ensure species viability for both invasive weeds, small population sizes, above, specifically by ensuring species over the long term. and climate change (for a complete sufficient habitat for their pollinators. When determining proposed critical discussion, please see our proposed Resiliency and redundancy ensure there habitat boundaries, we did not attempt listing rule published elsewhere in is enough of a species so that it can to avoid developed areas such as lands today’s Federal Register). survive into the future. Resiliency covered by buildings, pavement, and Special management considerations means ensuring that the habitat is other structures because minimal or protections are required within adequate for a species and its development exists within habitat for critical habitat areas to address these representative components. these two species. Although any threats. Management activities that Redundancy ensures an adequate developed areas lack the physical or could ameliorate these threats include number of sites and individuals. This biological features necessary for (but are not limited to): Develop methodology has been widely accepted Graham’s and White River regulations and agreements to balance as a reasonable conservation beardtongues, both of these species conservation with energy development methodology (Tear et al. 2005, p. 841). grow in remote areas that have not yet and minimize its effects in Graham’s Critical habitat was identified by experienced considerable development beardtongue and White River compiling all known locations for each and, for the most part, have few beardtongue habitat; avoid placing roads species and delineating suitable habitat developed roads crossing through them and energy facilities in habitats that adjacent to the known locations to at this time. However, any developed would affect these species or their provide a sufficient area for pollinator lands occurring inside the critical pollinators; minimize livestock use that habitat. Pollinator habitat areas for habitat boundaries shown on the maps disturb the soil or seeds; minimize Graham’s beardtongue were delineated of this proposed rule are excluded by habitat fragmentation; establish using a 700-m (2,297-ft) distance from text in this proposed rule and are not permanent conservation easements or known locations. Pollinator habitat proposed for designation as critical land acquisitions to protect the species areas for White River beardtongue were habitat. Therefore, if the critical habitat on non-federal lands; and eliminate or delineated using a 500-m (1,640-ft) is finalized as proposed, a federal action avoid activities that alter the distance from known locations. These involving already developed areas morphology of shale slopes. distances were based on how far the would not, in most cases, trigger section These management activities will primary pollinators can travel for each 7 consultation. protect the primary constituent of the species (see Reproduction above We delineated the proposed critical elements for the species by preventing for each species for more information). habitat unit boundaries for Graham’s the loss of habitat and individuals, Given the total population numbers of beardtongue and White River preserving these species’ habitats and each species, we believe the areas we beardtongue using the following steps: soils, maintaining native plant propose to designate as critical habitat (1) We mapped all plant points on file communities and natural levels of for Graham’s beardtongue and White (using ArcMap 10.0) at the Utah Natural

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Heritage Program (UNHP), Colorado River beardtongue and therefore do not determined are occupied and contain Natural Heritage Program (CNHP), and include in proposed critical habitat for sufficient elements of physical or the BLM (see the proposed listing rule this plant. biological features to support life- published elsewhere in today’s Federal (3) For Graham’s beardtongue data history processes essential for the Register for more details). These data from Utah, we created proposed critical conservation of Graham’s and White consist of point locations collected over habitat areas by including all pollinator River beardtongues. habitat within 700 m (2,297 ft) around several decades by organizations, The proposed critical habitat each point. We then dissolved agencies, or consultants. designation is defined by the map or (2) For Graham’s beardtongue, we boundaries between the overlapping examined Bing Maps Aerial imagery polygons. We did not have as complete maps, as modified by any accompanying (provided with ArcMap 10.0 software) a dataset for Colorado as for Utah, so we regulatory text, presented at the end of and excluded all GIS locations that were combined all of the point and polygon this document in the rule portion. We collected prior to the year 2000, and that data we received from the CNHP, and include more detailed information on were farther than 50 m (164 ft) from calculated pollinator habitat areas the boundaries of the critical habitat suitable habitat. Locations collected within 700 m (2,297 ft) (see Sites for designation in the preamble of this prior to 2000 within 50 m (164 ft) of Breeding, Reproduction, or Rearing (or document. We will make the suitable habitat were retained in our Development) of Offspring, above). We coordinates or plot points that the maps dataset (GIS analysis 2013). If it was not also created our own polygon to are based on available to the public at clear from looking at the aerial imagery incorporate suitable habitat on Raven http://www.regulations.gov at Docket whether the point was in suitable Ridge, which we identified via aerial No. FWS–R6–ES–2013–0082, on our habitat, we erred on the side of the imagery. Internet site at http://www.fws.gov/ species and included the point in our We followed a similar protocol for utahfieldoffice, and at the field office proposed critical habitat areas. White River beardtongue, but instead responsible for the designation (see FOR Through this process, we removed 15 created pollinator habitat areas within FURTHER INFORMATION CONTACT above). point locations from our Graham’s 500 m (1,640 ft) around all points. We Proposed Critical Habitat Designation beardtongue dataset. Most of the did this for both Utah and Colorado historical points that we removed points. Graham’s beardtongue overlapped or were very close to (4) Critical habitat units are not one recently collected data. We removed a contiguous unit; rather, each contains We are proposing five units as critical historical point from Carbon County several polygons. Each polygon is a habitat for Graham’s beardtongue, from our proposed critical habitat area subunit containing the PCEs within the which are the same units we proposed that has not been revisited for more than larger unit that contain the essential in 2006, although the boundaries of 30 years, even though this is the only features and are occupied. Proposed each unit have changed (71 FR 3158, point in that county. We acknowledge units are separated from each other by January 19, 2006). The critical habitat that there is potential habitat in the area, either relatively great distance or by units we describe below constitute our but this point needs to be revisited to geographic features. Units for Graham’s best assessment of areas that meet the confirm whether the species is present beardtongue are essentially the same as definition of critical habitat for near this location. in the January 19, 2006, proposed rule Graham’s beardtongue. The five units For White River beardtongue, we did (71 FR 3158), although the proposed we propose as critical habitat are: (1) not remove any historical points unit boundaries are expanded slightly to Sand Wash, (2) Seep Ridge, (3) because they all appeared to be within include new data. Proposed units for Evacuation Creek, (4) White River, and or adjacent to suitable habitat. The White River beardtongue are delineated (5) Raven Ridge. All of these units exception is 16 points from herbaria based on geographic features that contain occupied Graham’s beardtongue records ranging from the vicinity of separated polygons. habitat. The approximate acreage and Bitter Creek west to Willow Creek, We are proposing for designation as land ownership status of each proposed which we have not confirmed as White critical habitat lands that we have critical habitat unit is shown in Table 1.

TABLE 1—ACREAGE AND LAND OWNERSHIP STATUS FOR THE PROPOSED CRITICAL HABITAT UNITS FOR GRAHAM’S BEARDTONGUE. Area Estimates Reflect All Land Within Critical Habitat Unit Boundaries.

Critical habitat unit Land ownership Size of unit

1. Sand Wash ...... BLM ...... 3,056 ha (7,550 ac). State ...... 27 ha (66 ac). Private ...... 76 ha (189 ac).

Total ...... 3,159 ha (7,805 ac).

2. Seep Ridge ...... BLM ...... 6,649 ha (16,430 ac). State ...... 2,650 ha (6,549 ac). Private ...... 862 ha (2,131 ac).

Total ...... 10,162 ha (25,110 ac).

3. Evacuation Creek ...... BLM ...... 3,879 ha (9,586 ac). State ...... 1,417 ha (3,502 ac). Private ...... 1,632 ha (4,033 ac).

Total ...... 6,929 ha (17,122 ac).

4. White River ...... BLM ...... 2,243 ha (5,542 ac).

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TABLE 1—ACREAGE AND LAND OWNERSHIP STATUS FOR THE PROPOSED CRITICAL HABITAT UNITS FOR GRAHAM’S BEARDTONGUE.—Continued Area Estimates Reflect All Land Within Critical Habitat Unit Boundaries.

Critical habitat unit Land ownership Size of unit

State ...... 401 ha (991 ac). Private ...... 2,047 ha (5,059 ac).

Total ...... 4,691 ha (11,592 ac).

5. Raven Ridge ...... BLM ...... 2,257 ha (5,578 ac). Private ...... 304 ha (752 ac). Total ...... 2,562 ha (6,330 ac).

Total Across All Units ...... BLM ...... 18,084 ha (44,686 ac). State ...... 4,495 ha (11,108 ac). Private ...... 4,921 ha (12,164 ac). Total ...... 27,502 ha (67,959 ac) Note: Area sizes may not sum due to rounding.

We present brief descriptions of the protection via a signed conservation plant community including other oil proposed units, and reasons why they agreement and as a BLM special status shale endemics, a climate with 20 to 30 meet the definition of critical habitat for species (see Factor D in our proposed cm (8 to 12 in) in annual precipitation, Graham’s beardtongue, below. The units listing rule published elsewhere in and intact pollinator habitat. This unit are listed in order geographically west today’s Federal Register for more is occupied and includes approximately to east, and north to south. details). 1,442 Graham’s beardtongue points No oil and gas wells are located representing at least 8,017 plants and Unit 1: Sand Wash within the Sand Wash Unit, although 66 seven populations. The Sand Wash Unit is the percent of the area is leased for oil and Factors affecting Graham’s westernmost proposed critical habitat gas. Private mineral rights do not beardtongue within this unit include unit found in the vicinity of Sand Wash require leases to develop and so are not energy development, domestic livestock in southwestern Uintah County and included in the total. Oil shale and tar and native grazing and trampling, and adjacent Duchesne County, Utah. This sand leases discussed include only road impacts, including road unit contains nine subunits, and each Federal leases of oil shale and tar sands. maintenance, increased fugitive dust, subunit is occupied and contains all of None of the critical habitat in this unit and spreading invasive weeds. The Seep the physical and biological features falls within designated oil shale or tar Ridge Unit is managed mostly by the essential to the conservation of the sands areas. Nearly the entire unit is BLM, although it includes the most species, including outcrops of the leased as grazing allotments. At least State and Institutional Trust Lands Parachute Creek member and other one class B (graveled) road and several (SITLA) lands managed by the State of upper members of the Green River class D roads pass through this unit. Utah of any of the proposed units. The Geologic Formation, the appropriate Class B roads are highways, roads, or SITLA land in this unit contains plant community including other oil streets designated and maintained by a occupied and suitable habitat (GIS shale endemics, a climate with 15 to 30 county. Class D roads are unmaintained. analysis 2013). To date, SITLA has not cm (6 to 12 in.) in annual precipitation, OHV use and unauthorized collection provided protection to Graham’s and intact pollinator habitat. This unit have not been documented within the beardtongue on the lands it manages in is occupied and includes approximately Sand Wash unit, although a major road the Uinta Basin where energy 62 Graham’s beardtongue locations runs through this unit and these development exists. representing at least 1,156 plants and stressors could potentially occur here. A Four producing gas wells occur across seven populations. This unit is the most cohesive management strategy will be all ownerships within the Seep Ridge geographically isolated from the other necessary to reduce threats and protect Unit (GIS analysis 2013). An additional units and has minor differences in the physical and biological features 13 gas wells are in various states of flower and vegetation color from the essential to the conservation of the abandonment (plugged and abandoned, remainder of Graham’s beardtongue species. operations suspended, or shut-in) but populations (Shultz and Mutz 1979, p. may have resulted in the loss of plants 41). These color differences may Unit 2: Seep Ridge and their habitat when they were active. indicate that this unit, due to geographic The Seep Ridge Unit occurs Approximately 30 percent of the Seep isolation, is genetically divergent from approximately 17 miles east of the Sand Ridge Unit is leased for traditional oil the remainder of the species’ Wash Unit, in the vicinity of Buck, and gas development, and 38 percent population. Sunday School, and Klondike Canyons falls within oil shale and tar sands lease Factors affecting Graham’s near the Seep Ridge Road in south areas (some of these lease areas overlap beardtongue within this unit, regardless central Uintah County, Utah. This unit current oil and gas leases). Combined, of land ownership, include energy contains ten subunits, and each subunit about 56 percent of the Seep Ridge Unit development, domestic livestock and is occupied and contains all of the is leased or open for leasing for energy native grazing and trampling, and road physical and biological features development. impacts, including road maintenance, essential to the conservation of the Several roads cross through the Seep increased fugitive dust, and spreading species including outcrops of the Ridge Unit, including four class B invasive weeds. A majority of this unit Parachute Creek member and other (graveled) roads and at least eight class is managed by the BLM, where upper members of the Green River D roads. Seep Ridge Road crosses Graham’s beardtongue receives some Geologic Formation, the appropriate through a portion of one population of

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Graham’s beardtongue. This road was for leasing for energy development. The likely to be mined for oil shale in the paved and widened within occupied entire unit is leased as grazing future. Direct loss of habitat or Graham’s beardtongue habitat in 2012, allotments. Several roads cross through individuals within this critical habitat and 33 Graham’s beardtongue the Evacuation Creek Unit, including unit is also likely to have impacts on the individuals were salvaged or three class B (graveled) roads and at Evacuation Creek and Raven Ridge transplanted as a result (see our least eight class D roads. A cohesive Units, as the White River Unit serves as proposed listing rule published management strategy will be necessary an important connection between the elsewhere in today’s Federal Register to reduce threats and protect the Utah and Colorado populations of for more details). The entirety of this physical and biological features Graham’s beardtongue. unit is leased as grazing allotments. essential to the conservation of the This entire unit is leased as grazing OHV use and unauthorized collection species. allotments. A small portion of a class B have not been documented within the Unit 4: White River (graveled) road and several class D roads Seep Ridge unit, although several major pass through the White River Unit, but roads run through this unit and these The White River Unit occurs this unit is more remote than the other stressors could potentially occur here. A approximately 3 miles north of the critical habitat units. A cohesive cohesive management strategy will be Evacuation Creek unit in Hells Hole and management strategy will be necessary necessary to reduce threats and protect Weaver Canyons immediately south of to reduce threats and protect the the physical and biological features the White River. This unit in eastern physical and biological features essential to the conservation of the Uintah County, Utah, includes essential to the conservation of the species. approximately 1,565 points representing species. at least 7,385 plants and one population. Unit 3: Evacuation Creek This unit contains four subunits, and Unit 5: Raven Ridge The Evacuation Creek Unit occurs each subunit is occupied and contains The Raven Ridge Unit occurs approximately 6 miles east of the Seep all of the physical and biological approximately 4 miles northeast of the Ridge Unit, in the Asphalt Wash and features essential to the conservation of White River Unit along the west flank of Evacuation Creek drainages near the the species including outcrops of the Raven Ridge and north of the White abandoned Gilsonite mining towns of Parachute Creek member and other River between Raven Ridge and the Dragon and Rainbow. This unit is in upper members of the Green River Utah border in extreme western Rio southeastern Uintah County, Utah, and Geologic Formation, the appropriate Blanco County, Colorado. This unit adjacent Rio Blanco County, Colorado. plant community including other oil includes approximately 11 points The Evacuation Creek Unit is occupied shale endemics, suitable elevation representing at least 33 plants and four and contains the most individuals of ranges of 1,484 to 2,113 m (4,869 to populations. Although population Graham’s beardtongue: Approximately 6,932 ft), a climate with 20 to 30 cm (8 1,375 points representing at least 15,077 to 12 in.) in annual precipitation, and estimates within this unit in 2006 were plants and three populations. This unit intact pollinator habitat. 200 plants, more recent surveys have contains four subunits, and each Factors affecting Graham’s not located as many individuals. This subunit is occupied and contains all of beardtongue within this unit include unit contains three subunits, and each the physical and biological features energy development, domestic livestock subunit is occupied and contains all of essential to the conservation of the and native grazing and trampling, and the physical and biological features species including outcrops of the road impacts, including road essential to the conservation of the Parachute Creek member and other maintenance, increased fugitive dust, species including outcrops of the upper members of the Green River and spreading invasive weeds. Parachute Creek member and other Geologic Formation, the appropriate Approximately 50 percent of this unit is upper members of the Green River plant community including other oil managed by the BLM. The other 50 Geologic Formation, the appropriate shale endemics, a climate with 20 to 30 percent is privately and State owned. plant community including other oil cm (8 to 12 in) in annual precipitation, No producing wells occur within the shale endemics, a climate with 15 to 30 and intact pollinator habitat. White River Unit. Approximately 27 cm (6 to 12 in.) in annual precipitation, Factors affecting Graham’s percent of the White River Unit is leased and intact pollinator habitat. beardtongue within this unit include for traditional oil and gas development, Factors affecting Graham’s energy development, domestic livestock and 22 percent falls within oil shale and beardtongue within this unit include and native grazing and trampling, and tar sands lease areas (some of these lease energy development, domestic livestock road impacts, including road areas overlap current oil and gas leases). and native grazing and trampling, and maintenance, increased fugitive dust, Combined, about 43 percent of the road impacts, including road and spreading invasive weeds. Most of White River Unit is leased or open for maintenance, increased fugitive dust, this unit is managed by the BLM, with leasing for energy development. and spreading invasive weeds. This unit some private and State lands. One Although this critical habitat unit has is primarily managed by the BLM, with producing gas well lies within the less area available for oil shale and tar some private lands. Evacuation Creek unit. An additional 17 sands leasing than other critical habitat Sixty percent of this unit is within the wells are plugged and abandoned but units, this unit includes a proposed oil BLM Raven Ridge Area of Critical may have resulted in the loss of plants shale mining project (Enefit) that is Environmental Concern (ACEC), which and their habitat when they were active. likely to impact 20 percent of the known was established to protect listed, Approximately 36 percent of the individuals of Graham’s beardtongue candidate, and BLM-sensitive species. Evacuation Creek Unit is leased for (see our proposed listing rule published The ACEC restricts motorized travel to traditional oil and gas development, and elsewhere in today’s Federal Register existing roads and trails and includes a 39 percent falls within oil shale and tar for more details). no surface occupancy (NSO) stipulation sands lease areas (some of these lease Overall, the most substantial threat for new oil and gas leases within the areas overlap current oil and gas leases). within the White River Unit is oil shale ACEC (BLM 1997, p. 2–19, 2–44). Combined, about 69 percent of the development. About half of this unit is Although the Raven Ridge ACEC sets Evacuation Creek Unit is leased or open in private or State ownership that is out goals for a management plan for the

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area, BLM has not completed a formal leasing in 2013, but the lease sale is now beardtongue. The critical habitat areas management plan for this area. deferred for further analysis (BLM 2013, we describe below constitute our best No producing wells occur within the entire). The entirety of this unit is assessment of areas that meet the Raven Ridge Unit, although two leased as grazing allotments. One class definition of critical habitat for White abandoned wells may have resulted in B road passes through the Raven Ridge River beardtongue. The three units we the loss of plants and their habitat when Unit. Overall, a cohesive, unit-wide propose as critical habitat are: (1) North they were active. Approximately 27 management strategy is still needed to Evacuation Creek, (2) Weaver Ridge, and percent of the Raven Ridge Unit is protect Graham’s beardtongue across the (3) South Raven Ridge. All of these units leased for traditional oil and gas entire unit. development, but none of this unit falls are occupied by White River within oil shale and tar sands lease White River Beardtongue beardtongue. The approximate acreage areas. An additional 30 percent of the We are proposing three units as of each proposed critical habitat unit is Raven Ridge ACEC was proposed for critical habitat for White River shown in Table 2.

TABLE 2—ACREAGE AND LAND OWNERSHIP STATUS FOR THE PROPOSED CRITICAL HABITAT UNITS FOR WHITE RIVER BEARDTONGUE. Area Estimates Reflect All Land Within Critical Habitat Unit Boundaries.

Critical habitat unit Land ownership Size of unit

1. North Evacuation Creek ...... BLM ...... 1,368 ha (3,382 ac). State ...... 185 ha (457 ac). Private ...... 1,415 ha (3,498 ac).

Total ...... 2,969 ha (7,336 ac).

2. Weaver Ridge ...... BLM ...... 788 ha (1,946 ac). State ...... 651 ha (1,608 ac). Private ...... 1,397 ha (3,452 ac).

Total ...... 2,836 ha (7,006 ac).

3. South Raven Ridge ...... BLM ...... 191 ha (472 ac). Private ...... 41 ha (101 ac).

Total ...... 232 ha (573 ac).

Total Across All Units ...... BLM ...... 2,347 ha (573 ac). State ...... 836 ha (2,853 ac). Private ...... 2,853 ha (7,051 ac).

Total ...... 6,036 ha (14,914 ac). Note: Area sizes may not sum due to rounding.

We present brief descriptions of all is in southeastern Uintah County, Utah, is split almost evenly by BLM and units, and reasons why they meet the and adjacent Rio Blanco County, private landownership, with a small definition of critical habitat for White Colorado. The North Evacuation Creek amount of State land. Four plugged and River beardtongue, below. The units are Unit contains approximately 259 points abandoned wells are located within the listed in order geographically south to representing at least 6,820 plants and North Evacuation Creek Unit but may north. There is no obvious geographical three populations. Fifty-three percent of have resulted in the loss of plants and or biological barrier between the this unit overlaps with Graham’s their habitat when they were active. Evacuation Creek and White River beardtongue proposed critical habitat. Approximately 10 percent of the North critical habitat units. We chose to This unit contains nine subunits, and Evacuation Creek Unit is leased for separate these units based on splitting each subunit is occupied and contains traditional oil and gas development, and the known Utah populations into a all of the physical and biological 39 percent falls within oil shale and tar northern half and a southern half. We features essential to the conservation of sands lease areas, with very little the species including outcrops of the also discuss where White River overlap between the two lease types. Parachute Creek member and other beardtongue critical habitat overlaps Additionally, a majority of the critical upper members of the Green River Graham’s beardtongue critical habitat— habitat areas included in this unit Geologic Formation, the appropriate approximately 54 percent of all occurs on private land and is therefore proposed White River beardtongue plant community including other oil not included in these lease totals. critical habitat overlaps with Graham’s shale endemics, a climate with 20 to 30 Combined, about 49 percent of the beardtongue’s proposed critical habitat. cm (8 to 12 in) in annual precipitation, and intact pollinator habitat. North Evacuation Creek unit is leased or Unit 1: North Evacuation Creek Factors affecting White River open for leasing for energy The North Evacuation Creek Unit beardtongue within this unit include development. The entire portion of this occurs about 11 km (7 miles) south and energy development, domestic livestock unit on BLM land is grazed. Several east of Bonanza, Utah, in the Asphalt and native grazing and trampling, and roads cross through the North Wash and Evacuation Creek drainages road impacts, including road Evacuation Creek unit, including four near the abandoned Gilsonite mining maintenance, increased fugitive dust, graveled, class B roads. A cohesive towns of Dragon and Rainbow. This unit and spreading invasive weeds. This unit management strategy will be necessary

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to reduce threats and protect the to reduce threats and protect the authorize, or carry out is not likely to physical and biological features physical and biological features jeopardize the continued existence of essential to the conservation of the essential to the conservation of the any endangered species or threatened species. species. species or result in the destruction or Unit 2: Weaver Ridge Unit 3: South Raven Ridge adverse modification of designated critical habitat of such species. In The Weaver Ridge Unit occurs The South Raven Ridge Unit occurs addition, section 7(a)(4) of the Act directly east and southeast of Bonanza, about 10 km northeast of the Weaver requires Federal agencies to confer with Ridge Unit and about 11 km west of Utah, and immediately north of the the Service on any agency action which Rangely, Colorado, on the southern North Evacuation Creek Unit. This unit is likely to jeopardize the continued is in southeastern Uintah County, Utah, portion of Raven Ridge overlooking the existence of any species proposed to be and adjacent Rio Blanco County, White River. This unit is entirely within listed under the Act or result in the Colorado. The Weaver Ridge Unit Rio Blanco County, Colorado. The South destruction or adverse modification of includes approximately 319 points Raven Ridge Unit is the smallest unit for representing at least 4,575 plants and 3 this species and contains 6 points proposed critical habitat. populations. Fifty-five percent of this representing at least 28 plants and 1 Decisions by the 5th and 9th Circuit unit overlaps with proposed Graham’s population. Fifty-nine percent of this Courts of Appeals have invalidated our beardtongue critical habitat. This unit unit overlaps with Graham’s regulatory definition of ‘‘destruction or contains thirteen subunits, and each beardtongue critical habitat. This unit adverse modification’’ (50 CFR 402.02) subunit is occupied and contains all of has all the physical and biological (see Gifford Pinchot Task Force v. U.S. the physical and biological features features essential to the conservation of Fish and Wildlife Service, 378 F.3d 1059 essential to the conservation of the the species including outcrops of the (9th Cir. 2004) and Sierra Club v. U.S. Parachute Creek member and other species including outcrops of the Fish and Wildlife Service et al., 245 F.3d upper members of the Green River Parachute Creek member and other 434, 442 (5th Cir. 2001)), and we do not upper members of the Green River Geologic Formation, the appropriate plant community including other oil rely on this regulatory definition when Geologic Formation, the appropriate analyzing whether an action is likely to plant community including other oil shale endemics, a climate with 15 to 30 cm (6 to 12 in) in annual precipitation, destroy or adversely modify critical shale endemics, a climate with 15 to 30 habitat. Under the statutory provisions cm (6 to 12 in.) in annual precipitation, and intact pollinator habitat. of the Act, we determine destruction or and intact pollinator habitat. Factors affecting White River adverse modification on the basis of Factors affecting White River beardtongue within this unit include beardtongue within this unit include domestic livestock and native grazing whether, with implementation of the energy development, domestic livestock and trampling, and some road impacts, proposed Federal action, the affected and native grazing and trampling, and including road maintenance, increased critical habitat would continue to serve road impacts, including road fugitive dust, and spreading invasive its intended conservation role for the maintenance, increased fugitive dust, weeds. No oil or gas wells are located species. within the South Raven Ridge Unit. and spreading invasive weeds. Most of If a Federal action may affect a listed This unit is mostly on BLM lands with this unit is privately owned, with some species or its critical habitat, the some private lands. Approximately 20 BLM and State land. Although most of responsible Federal agency (action the critical habitat within this unit percent of the South Raven Ridge Unit is leased for traditional oil and gas agency) must enter into consultation occurs on private land, most of the with us. Examples of actions that are known plant points occur on Federal development. None of this unit falls within oil shale and tar sands lease subject to the section 7 consultation lands. This is not surprising, as private process are actions on State, tribal, lands are not typically surveyed, and we areas. All of the BLM-managed lands in this unit are grazed. No major roads local, or private lands that require a expect that additional surveys Federal permit (such as a permit from conducted on private lands would count cross through this unit. Sixty-four the U.S. Army Corps of Engineers under many more individuals of White River percent of this unit is within the Raven section 404 of the Clean Water Act (33 beardtongue within this unit. Ridge ACEC (discussed above), with U.S.C. 1251 et seq.) or a permit from the Two producing wells and three restricted motorized travel and NSO approved well locations are located stipulations (BLM 1997, p. 2–19, 2–44). Service under section 10 of the Act) or within the Weaver Ridge Unit. As described above, although the Raven that involve some other Federal action Approximately 31 percent of the Weaver Ridge ACEC sets out goals for a (such as funding from the Federal Ridge Unit is leased for traditional oil management plan for the area, BLM has Highway Administration, Federal and gas development, and 19 percent not completed a formal management Aviation Administration, or the Federal falls within oil shale and tar sands lease plan for this area. Overall, threats occur Emergency Management Agency). areas. Combined, about 45 percent of across the entire unit, and thus a Federal actions not affecting listed the Weaver Ridge Unit is leased or, in cohesive management strategy will be species or critical habitat, and actions the case of oil shale and tar sands necessary to reduce threats and protect on State, tribal, local, or private lands development, designated for leasing for the physical and biological features that are not federally funded or energy development. The entire portion essential to the conservation of the authorized, do not require section 7 of the unit on BLM lands is grazed. A species. consultation. paved State road, the Bonanza Highway, Effects of Critical Habitat Designation As a result of section 7 consultation, crosses just through the edge of a critical we document compliance with the habitat area within the Weaver Ridge Section 7 Consultation requirements of section 7(a)(2) through Unit, and another paved class B road Section 7(a)(2) of the Act requires our issuance of: skirts another area. A cohesive Federal agencies, including the Service, management strategy will be necessary to ensure that any action they fund,

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(1) A concurrence letter for Federal intended conservation role for the Exemptions actions that may affect, but are not species. Activities that may destroy or Application of Section 4(a)(3) of the Act likely to adversely affect, listed species adversely modify critical habitat are or critical habitat; or those that alter the physical or The Sikes Act Improvement Act of (2) A biological opinion for Federal biological features to an extent that 1997 (Sikes Act) (16 U.S.C. 670a) actions that may affect, and are likely to appreciably reduces the conservation required each military installation that adversely affect, listed species or critical value of critical habitat for Graham’s includes land and water suitable for the habitat. beardtongue and White River conservation and management of When we issue a biological opinion beardtongue. As discussed above, the natural resources to complete an concluding that a project is likely to role of critical habitat is to support life- integrated natural resources jeopardize the continued existence of a history needs of the species and provide management plan (INRMP) by listed species and/or destroy or for the conservation of these species. November 17, 2001. The INRMPs must adversely modify critical habitat, we Section 4(b)(8) of the Act requires us to the extent appropriate and applicable, provide reasonable and prudent to briefly evaluate and describe, in any provide for fish and wildlife alternatives to the project, if any are proposed or final regulation that management; fish and wildlife habitat identifiable, that would avoid the designates critical habitat, activities enhancement or modification; wetland likelihood of jeopardy and/or involving a Federal action that may protection, enhancement, and destruction or adverse modification of destroy or adversely modify such restoration where necessary to support critical habitat. We define ‘‘reasonable habitat, or that may be affected by such fish and wildlife; and enforcement of and prudent alternatives’’ (at 50 CFR designation. applicable natural resource laws. There 402.02) as alternative actions identified Activities that may affect critical are no Department of Defense lands during consultation that: habitat, when carried out, funded, or within our proposed critical habitat (1) Can be implemented in a manner authorized by a Federal agency, should designation. consistent with the intended purpose of result in consultation for Graham’s Exclusions the action, beardtongue or White River (2) Can be implemented consistent beardtongue. These activities include, Application of Section 4(b)(2) of the Act with the scope of the Federal agency’s but are not limited to: Section 4(b)(2) of the Act states that legal authority and jurisdiction, (1) Actions that have the potential to (3) Are economically and the Secretary shall designate and make appreciably degrade or destroy technologically feasible, and revisions to critical habitat on the basis (4) Would, in the Director’s opinion, Graham’s beardtongue or White River of the best available scientific data after avoid the likelihood of jeopardizing the beardtongue habitat and primary taking into consideration the economic continued existence of the listed species constituent elements. Such activities impact, national security impact, and and/or avoid the likelihood of could include, but are not limited to, any other relevant impact of specifying destroying or adversely modifying energy development, road construction any particular area as critical habitat. critical habitat. and maintenance, OHV use, and The Secretary may exclude an area from Reasonable and prudent alternatives intensive livestock grazing. These critical habitat if she determines that the can vary from slight project activities could eliminate or reduce the benefits of such exclusion outweigh the modifications to extensive redesign or habitat necessary for the growth, benefits of specifying such area as part relocation of the project. Costs reproduction, and establishment of of the critical habitat, unless she associated with implementing a these species; determines, based on the best scientific reasonable and prudent alternative are (2) Alteration of naturally existing data available, that the failure to similarly variable. hydrology by redirection of sheet flow designate such area as critical habitat Regulations at 50 CFR 402.16 require or water ‘‘perching’’ (to which the will result in the extinction of the Federal agencies to reinitiate species may be adapted, discussed species. In making that determination, consultation on previously reviewed above in Soils and Geology for Graham’s the statute on its face, as well as the actions in instances where we have beardtongue) from areas adjacent to legislative history, are clear that the listed a new species or subsequently occupied habitat; Secretary has broad discretion regarding designated critical habitat that may be (3) Compaction of soil through the which factor(s) to use and how much affected and the Federal agency has establishment of new wellpads, roads, weight to give to any factor. retained discretionary involvement or pipelines, or trails; Under section 4(b)(2) of the Act, we control over the action (or the agency’s (4) Activities that foster the may exclude an area from designated discretionary involvement or control is introduction of nonnative vegetation, critical habitat based on economic authorized by law). Consequently, particularly noxious weeds, or create impacts, impacts on national security, Federal agencies sometimes may need to conditions that encourage the growth of or any other relevant impacts. In request reinitiation of consultation with nonnatives. These activities could considering whether to exclude a us on actions for which consultation has include, but are not limited to: particular area from the designation, we been completed, if those actions with Supplemental feeding of livestock, identify the benefits of including the discretionary involvement or control ground disturbance associated with area in the designation, identify the may affect subsequently listed species energy development, roads, and other benefits of excluding the area from the or designated critical habitat. soil-disturbing activities; and designation, and evaluate whether the (5) Indirect effects that appreciably benefits of exclusion outweigh the Application of the ‘‘Adverse decrease habitat value or quality (e.g., benefits of inclusion. If the analysis Modification’’ Standard energy development near critical habitat indicates that the benefits of exclusion The key factor related to the adverse that leads to disturbance, erosion, outweigh the benefits of inclusion, the modification determination is whether, herbicide and pesticide use that could Secretary may exercise her discretion to with implementation of the proposed impair pollinators, and changes to exclude the area only if such exclusion Federal action, the affected critical drainage patterns, soil stability, and would not result in the extinction of the habitat would continue to serve its vegetative community composition). species.

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Exclusions Based on Economic Impacts our proposed critical habitat and to use the best, most innovative, designation. and least burdensome tools for Under section 4(b)(2) of the Act, we In preparing this proposal, we have achieving regulatory ends. The consider the economic impacts of determined that there are no HCPs or executive order directs agencies to specifying any particular area as critical other management plans for Graham’s consider regulatory approaches that habitat. In order to consider economic beardtongue and White River reduce burdens and maintain flexibility impacts, we are preparing an analysis of beardtongue, and the proposed and freedom of choice for the public the economic impacts of the proposed designation does not include any tribal where these approaches are relevant, critical habitat designation and related lands or trust resources. We anticipate feasible, and consistent with regulatory factors. All of the proposed critical no impact on tribal lands, partnerships, objectives. E.O. 13563 emphasizes habitat units contain private lands, or HCPs from this proposed critical further that regulations must be based Federal lands with oil and gas leases, habitat designation. Accordingly, the on the best available science and that and grazing permits. Several State- Secretary does not intend to exercise her the rulemaking process must allow for owned parcels are included in some discretion to exclude any areas from the public participation and an open units where oil and gas development final designation based on other exchange of ideas. We have developed occurs. The economic analysis will relevant impacts. this rule in a manner consistent with estimate the economic impact of a these requirements. potential designation of critical habitat Peer Review on these activities. Regulatory Flexibility Act (5 U.S.C. 601 In accordance with our joint policy on et seq.) During the development of a final peer review published in the Federal designation, we will consider economic Register on July 1, 1994 (59 FR 34270), Under the Regulatory Flexibility Act impacts based on information in our we will seek the expert opinions of at (RFA; 5 U.S.C. 601 et seq.) as amended economic analysis, public comments, least three appropriate and independent by the Small Business Regulatory and other new information, and areas specialists regarding this proposed rule. Enforcement Fairness Act of 1996 may be excluded from the final critical The purpose of peer review is to ensure (SBREFA; 5 U.S.C 801 et seq.), habitat designation under section 4(b)(2) that our critical habitat designation is whenever an agency is required to of the Act and our implementing based on scientifically sound data, and publish a notice of rulemaking for any regulations at 50 CFR 424.19. analyses. We have invited these peer proposed or final rule, it must prepare reviewers to comment during this and make available for public comment Exclusions Based on National Security public comment period. a regulatory flexibility analysis that Impacts We will consider all comments and describes the effects of the rule on small entities (small businesses, small Under section 4(b)(2) of the Act, we information received during this organizations, and small government consider whether there are where a comment period on this proposed rule during our preparation of a final jurisdictions). However, no regulatory national security impact might exist. In flexibility analysis is required if the preparing this proposal, we have determination. Accordingly, the final decision may differ from this proposal. head of the agency certifies the rule will determined that the lands within the not have a significant economic impact proposed designation of critical habitat Public Hearings on a substantial number of small for Graham’s beardtongue and White entities. The SBREFA amended the RFA River beardtongue are not owned or Section 4(b)(5) of the Act provides for one or more public hearings on this to require Federal agencies to provide a managed by the Department of Defense certification statement of the factual or Department of Homeland Security, proposal, if requested. Requests must be received within 45 days after the date of basis for certifying that the rule will not and, therefore, we anticipate no impact have a significant economic impact on on national security. Consequently, the publication of this proposed rule in the Federal Register. Such requests must be a substantial number of small entities. Secretary is not intending to exercise According to the Small Business sent to the address shown in the FOR her discretion to exclude any areas from Administration, small entities include FURTHER INFORMATION CONTACT section. the final designation based on impacts small organizations such as We will schedule public hearings on on national security. independent nonprofit organizations; this proposal, if any are requested, and small governmental jurisdictions, Exclusions Based on Other Relevant announce the dates, times, and places of including school boards and city and Impacts those hearings, as well as how to obtain town governments that serve fewer than Under section 4(b)(2) of the Act, we reasonable accommodations, in the 50,000 residents; and small businesses consider any other relevant impacts, in Federal Register and local newspapers (13 CFR 121.201). Small businesses addition to economic impacts and at least 15 days before the hearing. include such businesses as impacts on national security. We Required Determinations manufacturing and mining concerns consider a number of factors, including with fewer than 500 employees, whether the landowners have developed Regulatory Planning and Review wholesale trade entities with fewer than any habitat conservation plans (HCPs) (Executive Orders 12866 and 13563) 100 employees, retail and service or other management plans for the area, Executive Order 12866 provides that businesses with less than $5 million in or whether there are conservation the Office of Information and Regulatory annual sales, general and heavy partnerships that would be encouraged Affairs (OIRA) will review all significant construction businesses with less than by designation of, or exclusion from, rules. The Office of Information and $27.5 million in annual business, critical habitat. In addition, we look at Regulatory Affairs has determined that special trade contractors doing less than any tribal issues, and consider the this rule is not significant. $11.5 million in annual business, and government-to-government relationship Executive Order 13563 reaffirms the forestry and logging operations with of the United States with tribal entities. principles of E.O. 12866 while calling fewer than 500 employees and annual We also consider any social impacts that for improvements in the nation’s business less than $7 million. To might occur because of the designation. regulatory system to promote determine whether small entities may There are no tribal lands included in predictability, to reduce uncertainty, be affected, we will consider the types

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of activities that might trigger regulatory examination of the incremental effects with two exceptions. It excludes ‘‘a impacts under this designation as well of this proposed rule in the context of condition of Federal assistance.’’ It also as types of project modifications that the RFA. excludes ‘‘a duty arising from may result. In general, the term In conclusion, we believe that, based participation in a voluntary Federal ‘‘significant economic impact’’ is meant on our interpretation of directly program,’’ unless the regulation ‘‘relates to apply to a typical small business regulated entities under the RFA and to a then-existing Federal program firm’s business operations. relevant case law, this designation of under which $500,000,000 or more is Importantly, the incremental impacts critical habitat will only directly provided annually to State, local, and of a rule must be both significant and regulate Federal agencies which are not tribal governments under entitlement substantial to prevent certification of the by definition small business entities. As authority,’’ if the provision would rule under the RFA and to require the such, we certify that, if promulgated, ‘‘increase the stringency of conditions of preparation of an initial regulatory this designation of critical habitat would assistance’’ or ‘‘place caps upon, or flexibility analysis. If a substantial not have a significant economic impact otherwise decrease, the Federal number of small entities are affected by on a substantial number of small Government’s responsibility to provide the proposed critical habitat business entities. Therefore, an initial funding,’’ and the State, local, or tribal designation, but the per-entity economic regulatory flexibility analysis is not governments ‘‘lack authority’’ to adjust impact is not significant, the Service required. However, though not accordingly. At the time of enactment, may certify. Likewise, if the per-entity necessarily required by the RFA, in our these entitlement programs were: economic impact is likely to be draft economic analysis for this Medicaid; Aid to Families with significant, but the number of affected proposal, we will consider and evaluate Dependent Children work programs; entities is not substantial, the Service the potential effects to third parties that Child Nutrition; Food Stamps; Social may also certify. may be involved with consultations Services Block Grants; Vocational Under the RFA, as amended, and with Federal action agencies related to Rehabilitation State Grants; Foster Care, following recent court decisions, this action. Adoption Assistance, and Independent Federal agencies are only required to Living; Family Support Welfare evaluate the potential incremental Energy Supply, Distribution, or Use— Executive Order 13211 Services; and Child Support impacts of rulemaking on those entities Enforcement. ‘‘Federal private sector directly regulated by the rulemaking Executive Order 13211 (Actions mandate’’ includes a regulation that itself, and not the potential impacts to Concerning Regulations That ‘‘would impose an enforceable duty indirectly affected entities. The Significantly Affect Energy Supply, upon the private sector, except (i) a regulatory mechanism through which Distribution, or Use) requires agencies condition of Federal assistance or (ii) a critical habitat protections are realized to prepare Statements of Energy Effects duty arising from participation in a is section 7 of the Act, which requires when undertaking certain actions. voluntary Federal program.’’ Federal agencies, in consultation with Graham’s beardtongue and White River The designation of critical habitat the Service, to ensure that any action beardtongue both occur in areas with does not impose a legally binding duty authorized, funded, or carried by the energy development activity. Existing on non-Federal Government entities or Agency is not likely to adversely modify well pads and proposed oil shale private parties. Under the Act, the only critical habitat. Therefore, only Federal development projects are within regulatory effect is that Federal agencies action agencies are directly subject to proposed critical habitat units. On must ensure that their actions do not the specific regulatory requirement Federal lands, entities conducting destroy or adversely modify critical (avoiding destruction and adverse energy-related activities would need to habitat under section 7. While non- modification) imposed by critical consult within areas designated as Federal entities that receive Federal habitat designation. Under these critical habitat. We are deferring our funding, assistance, or permits, or that circumstances, it is our position that finding until the draft economic otherwise require approval or only Federal action agencies will be analysis has been completed. We will authorization from a Federal agency for directly regulated by this designation. further evaluate this issue as we an action, may be indirectly impacted Therefore, because Federal agencies are conduct our economic analysis, and by the designation of critical habitat, the not small entities, the Service may review and revise this assessment as legally binding duty to avoid certify that the proposed critical habitat warranted. destruction or adverse modification of rule will not have a significant critical habitat rests squarely on the Unfunded Mandates Reform Act (2 economic impact on a substantial Federal agency. Furthermore, to the U.S.C. 1501 et seq.) number of small entities. extent that non-Federal entities are We acknowledge, however, that in In accordance with the Unfunded indirectly impacted because they some cases, third-party proponents of Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate the action subject to permitting or seq.), we make the following findings: in a voluntary Federal aid program, the funding may participate in a section 7 (1) This rule would not produce a Unfunded Mandates Reform Act would consultation, and thus may be indirectly Federal mandate. In general, a Federal not apply, nor would critical habitat affected. We believe it is good policy to mandate is a provision in legislation, shift the costs of the large entitlement assess these impacts if we have statute, or regulation that would impose programs listed above onto State sufficient data before us to complete the an enforceable duty upon State, local, or governments. necessary analysis, whether or not this tribal governments, or the private sector, (2) We do not believe that this rule analysis is strictly required by the RFA. and includes both ‘‘Federal would significantly or uniquely affect While this regulation does not directly intergovernmental mandates’’ and small governments. Small governments regulate these entities, in our draft ‘‘Federal private sector mandates.’’ will be affected only to the extent that economic analysis we will conduct a These terms are defined in 2 U.S.C. any programs having Federal funds, brief evaluation of the potential number 658(5)–(7). ‘‘Federal intergovernmental permits, or other authorized activities of third parties participating in mandate’’ includes a regulation that must ensure that their actions will not consultations on an annual basis in ‘‘would impose an enforceable duty adversely affect the critical habitat. order to ensure a more complete upon State, local, or tribal governments’’ Therefore, a Small Government Agency

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Plan is not required. However, we will or that otherwise require approval or ruling in Catron County Board of further evaluate this issue as we authorization from a Federal agency for Commissioners v. U.S. Fish and Wildlife conduct our economic analysis, and an action, may be indirectly impacted Service, 75 F.3d 1429 (10th Cir. 1996), review and revise this assessment if by the designation of critical habitat, the we will undertake a NEPA analysis for appropriate. legally binding duty to avoid critical habitat designation and notify destruction or adverse modification of Takings—Executive Order 12630 the public of the availability of the draft critical habitat rests squarely on the environmental assessment for this In accordance with Executive Order Federal agency. proposal when it is finished. 12630 (‘‘Government Actions and Interference with Constitutionally Civil Justice Reform—Executive Order Government-to-Government Protected Private Property Rights’’), we 12988 Relationship With Tribes have analyzed the potential takings In accordance with Executive Order In accordance with the President’s implications of designating critical 12988 (Civil Justice Reform), the Office memorandum of April 29, 1994 habitat for the Graham’s beardtongue of the Solicitor has determined that the (Government-to-Government Relations and White River beardtongue in a rule does not unduly burden the judicial with Native American Tribal takings implications assessment. Based system and that it meets the Governments; 59 FR 22951), Executive on the best available information, the requirements of sections 3(a) and 3(b)(2) Order 13175 (Consultation and takings implications assessment of the Order. We have proposed Coordination With Indian Tribal concludes that this designation of designating critical habitat in Governments), and the Department of critical habitat for the Graham’s accordance with the provisions of the the Interior’s manual at 512 DM 2, we beardtongue and the White River Act. To assist the public in readily acknowledge our responsibility beardtongue does not pose significant understanding the habitat needs of the to communicate meaningfully with takings implications. However, we will species, the rule identifies the elements recognized Federal Tribes on a further evaluate this issue as we develop of physical or biological features government-to-government basis. In our final designation, and review and essential to the conservation of the accordance with Secretarial Order 3206 revise this assessment as warranted. species. The designated areas of critical of June 5, 1997 (American Indian Tribal habitat are presented on maps, and the Federalism—Executive Order 13132 Rights, Federal-Tribal Trust rule provides several options for the Responsibilities, and the Endangered In accordance with Executive Order interested public to obtain more Species Act), we readily acknowledge 13132 (Federalism), this proposed rule detailed location information, if desired. our responsibilities to work directly does not have significant Federalism with tribes in developing programs for effects. A federalism summary impact Paperwork Reduction Act of 1995 healthy ecosystems, to acknowledge that statement is not required. In keeping (44 U.S.C. 3501 et seq.) tribal lands are not subject to the same with Department of the Interior and This rule does not contain any new controls as Federal public lands, to Department of Commerce policy, we collections of information that require remain sensitive to Indian culture, and requested information from, and approval by OMB under the Paperwork to make information available to tribes. coordinated development of, this Reduction Act of 1995 (44 U.S.C. 3501 We determined that there are no tribal proposed critical habitat designation et seq.). This rule will not impose lands that were occupied by Graham’s with appropriate State resource agencies recordkeeping or reporting requirements beardtongue or White River beardtongue in Utah and Colorado. The designation on State or local governments, at the time of listing that contain the of critical habitat in areas occupied by individuals, businesses, or features essential for conservation of the Graham’s beardtongue and White River organizations. An agency may not species, and no tribal lands unoccupied beardtongue may impose nominal conduct or sponsor, and a person is not by Graham’s beardtongue or White River additional regulatory restrictions to required to respond to, a collection of beardtongue that are essential for the those currently in place and, therefore, information unless it displays a conservation of these species. Therefore, has little incremental impact on State currently valid OMB control number. we are not proposing to designate and local governments and their critical habitat for Graham’s activities. The designation may have National Environmental Policy Act beardtongue or White River beardtongue some benefit to these governments (42 U.S.C. 4321 et seq.) on tribal lands. because the areas that contain the It is our position that, outside the physical and biological features jurisdiction of the U.S. Court of Appeals Clarity of the Rule essential to the conservation of the for the Tenth Circuit, we do not need to We are required by Executive Orders species are more clearly defined, and prepare environmental analyses 12866 and 12988 and by the the elements of the features of the pursuant to the National Environmental Presidential Memorandum of June 1, habitat necessary to the conservation of Policy Act (NEPA; 42 U.S.C. 4321 et 1998, to write all rules in plain the species are specifically identified. seq.) in connection with designating language. This means that each rule we This information does not alter where critical habitat under the Act. We publish must: and what federally sponsored activities published a notice outlining our reasons (1) Be logically organized; may occur. However, it may assist local for this determination in the Federal (2) Use the active voice to address governments in along-range planning Register on October 25, 1983 (48 FR readers directly; (rather than having them wait for case- 49244). This position was upheld by the (3) Use clear language rather than by-case section 7 consultation to occur). U.S. Court of Appeals for the Ninth jargon; Where State and local governments Circuit (Douglas County v. Babbitt, 48 (4) Be divided into short sections and require approval or authorization from a F.3d 1495 (9th Cir. 1995), cert. denied sentences; and Federal agency for actions that may 516 U.S. 1042 (1996)).] However, when (5) Use lists and tables wherever affect critical habitat, consultation the range of the species includes States possible. under section 7(a)(2) would be required. within the Tenth Circuit, such as that of If you feel that we have not met these While non-Federal entities that receive Graham’s beardtongue and White River requirements, send us comments by one Federal funding, assistance, or permits, beardtongue, under the Tenth Circuit of the methods listed in the ADDRESSES

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section. To better help us revise the Utah, and Rio Blanco County, Colorado, to 90 consecutive days less than 4 °C rule, your comments should be as on the maps below. (40 °F). specific as possible. For example, you (2) Within these areas, the primary (v) Habitat for pollinators. should tell us the numbers of the constituent elements of the physical or (A) Ground and twig nesting areas for sections or paragraphs that are unclearly biological features essential to the pollinators. A diverse mosaic of native written, which sections or sentences are conservation of Graham’s beardtongue plant communities that include too long, the sections where you feel consist of: flowering plants that provide nectar and lists or tables would be useful, etc. (i) Plant community. pollen for a wide array of pollinator References Cited (A) Barren areas with little, but species. diverse, plant cover. (B) Connectivity between areas A complete list of references cited in (B) Presence of dwarf shrubs and allowing pollinators to move from one this rulemaking is available on the cushion-like, oil shale endemic plants, site to the next within each population. Internet at http://www.regulations.gov including Dragon milkvetch (Astragalus (C) A 700-m (2,297-ft) area beyond under Docket No. FWS–R6–ES–2013– lutosus), oilshale columbine (Aquilegia occupied habitat to conserve the 0082 and upon request from the Utah barnebyi), Barneby’s thistle (Cirsium pollinators essential for plant Ecological Services Field Office (see FOR barnebyi), oilshale cryptantha reproduction. FURTHER INFORMATION CONTACT). (Cryptantha barnebyi), Graham’s (3) Critical habitat does not include Authors cryptantha (Cryptantha grahamii), manmade structures (such as buildings, Rollins’ cryptantha (Cryptantha aqueducts, runways, roads, and other The primary authors of this package rollinsii), ephedra buckwheat paved areas) and the land on which they are the staff members of the Utah (Eriogonum ephedroides), and White are located existing within the legal Ecological Services Field Office. River beardtongue (Pensemon scariosus boundaries on the effective date of this List of Subjects in 50 CFR Part 17 var. albifluvis). entry. (C) Intact, surrounding, native plant Endangered and threatened species, (4) Critical habitat map units. Data community to support pollinators and Exports, Imports, Reporting and layers defining map units were created protect from the encroachment of recordkeeping requirements, by using satellite imagery (Bing 2012 invasive weeds and other potential Transportation. Aerial Imagery basemap provided with threats. ArcMap10, NAIP 2011 imagery). Units Proposed Regulation Promulgation (ii) Slopes and topography. were mapped using NAD 83 Universal Accordingly, we propose to amend (A) Southwest- to western-facing Transverse Mercatore (UTM), Zone 12 N part 17, subchapter B of chapter I, title slopes. coordinates. Location information came 50 of the Code of Federal Regulations, (B) Slopes of less than 40 degrees; from a wide array of sources. A habitat as set forth below: average slope of 17.6 degrees. model created by the Colorado Natural (iii) Soils and geology. Heritage Program was also used. The PART 17—ENDANGERED AND (A) Parachute Creek Member and maps in this entry, as modified by any THREATENED WILDLIFE AND PLANTS other upper members of the Green River accompanying regulatory text, establish Geologic Formation. the boundaries of the critical habitat ■ 1. The authority citation for part 17 (B) Appropriate soil morphology designation. On the index map, critical continues to read as follows: characterized by shallow soils with habitat is delineated by gray shading. Authority: 16 U.S.C. 1361–1407; 1531– virtually no soil horizon development, Boxes around the gray shading indicate 1544; 4201–4245, unless otherwise noted. with a surface usually covered by only which polygons are included ■ 2. In § 17.96, amend paragraph (a) by broken shale channers or light clay within the same unit and do not adding entries for ‘‘Penstemon grahamii derived from the thinly bedded shale. delineate critical habitat boundaries. (Graham’s beardtongue)’’ and (C) Intact soils with minimal The coordinates or plot points or both ‘‘Penstemon scariosus var. albifluvis anthropogenic disturbance (at or below on which each map is based are (White River beardtongue)’’ in current levels) within Graham’s available to the public at the Service’s alphabetical order under Family beardtongue occupied habitat and internet site (http://www.fws.gov/ Plantaginaceae, to read as follows: nearby plant communities. utahfieldoffice/), on http:// (iv) Climate. A cold desert climate www.regulations.gov at Docket No. § 17.96 Critical habitat—plants. with the same conditions under which FWS–R6–ES–2013–0082, and at the * * * * * the species evolved and is typical for field office responsible for this (a) Flowering plants. the area. Annual precipitation of 15 to designation. You may obtain field office * * * * * 30 cm (6 to 12 inches) with most location information by contacting one precipitation in spring and fall and of the Service regional offices, the Family Plantaginaceae: Penstemon snow cover from December through addresses of which are listed at 50 CFR grahamii (Graham’s beardtongue) March. Average winter low temperature 2.2. (1) Critical habitat units are depicted of ¥14 °C (7 °F) and average summer (5) Index map follows: for Uintah and Duchesne Counties, high of 34 °C (93 (°F)) with at least 45 BILLING CODE 4310–55–P

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(6) Unit 1: Sand Wash, Duchesne and 1A, 1B, 1C, 1D, 1E, 1F, 1G, 1H, and 1I Uintah Counties, Utah. Map of Subunits follows:

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(7) Unit 2: Seep Ridge, Uintah County, Utah. Map of Subunits 2A, 2B, 2C, 2D, 2E, 2F, 2G, 2H, 2I, and 2J follows:

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(8) Unit 3: Evacuation Creek, Uintah Colorado. Map of Subunits 3A, 3B, 3C, County, Utah, and Rio Blanco County, and 3D follows:

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(9) Unit 4: White River, Uintah County, Utah. Map of Subunits 4A, 4B, 4C, 4D, 5A, 5B, and 5C follows:

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(10) Unit 5: Raven Ridge, Rio Blanco (2) Within these areas, the primary barnebyi), Barneby’s thistle (Cirsium County, Colorado. Map of Unit 5 is constituent elements of the physical or barnebyi), oilshale cryptantha provided at paragraph (a)(9) of this biological features essential to the (Cryptantha barnebyi), Graham’s entry. conservation of White River cryptantha (Cryptantha grahamii), beardtongue consist of: Rollins’ cryptantha (Cryptantha Family Plantaginaceae: Penstemon (i) Plant community. rollinsii), ephedra buckwheat scariosus var. albifluvis (White River (A) Barren areas with little, but (Eriogonum ephedroides), and beardtongue) diverse, plant cover. occasionally Graham’s beardtongue (Penstemon grahamii). (1) Critical habitat units are depicted (B) Presence of dwarf shrubs and for Uintah County, Utah, and Rio Blanco cushion-like, oil shale endemic plants, (C) Intact, surrounding, native plant County, Colorado, on the maps below. including Dragon milkvetch (Astragalus community to support pollinators and lutosus), oilshale columbine (Aquilegia protect from the encroachment of

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invasive weeds and other potential of ¥14 °C (7 °F) and average summer ArcMap10, NAIP 2011 imagery). Units threats. high of 34 °C (93 (°F)) with at least 45 were mapped using NAD 83 Universal (ii) Slopes and topography. to 90 consecutive days less than 4 °C Transverse Mercatore (UTM), Zone 12 N (A) South- to southwest-facing slopes. (40 °F). coordinates. Location information came (B) Slopes of less than 33 degrees; (v) Habitat for pollinators. from a wide array of sources. The maps average slope of 19.2 degrees. (A) Ground and twig nesting areas for in this entry, as modified by any (iii) Soils and geology. pollinators. A diverse mosaic of native accompanying regulatory text, establish (A) Parachute Creek Member and plant communities that include the boundaries of the critical habitat other upper members of the Green River flowering plants that provide nectar and designation. On the index map, critical Geologic Formation. pollen for a wide array of pollinator habitat is delineated by gray shading. (B) Appropriate soil morphology species. Boxes around the gray shading indicate characterized by shallow soils with (B) Connectivity between areas only which polygons are included virtually no soil horizon development, allowing pollinators to move from one within the same unit and do not with a surface usually covered by site to the next within each population. delineate critical habitat boundaries. broken shale channers or light clay (C) A 500-m (1,640-ft) area beyond The coordinates or plot points or both derived from the thinly bedded shale. occupied habitat to conserve the on which each map is based are (C) Intact soils with minimal pollinators essential for plant available to the public at the Service’s anthropogenic disturbance (at or below reproduction. internet site (http://www.fws.gov/ current levels) within White River (3) Critical habitat does not include utahfieldoffice/), on http:// beardtongue occupied habitat and manmade structures (such as buildings, nearby plant communities. aqueducts, runways, roads, and other www.regulations.gov at Docket No. (iv) Climate. A cold desert climate paved areas) and the land on which they FWS–R6–ES–2013–0082, and at the with the same conditions under which are located existing within the legal field office responsible for this the species evolved and is typical for boundaries on the effective date of this designation. You may obtain field office the area. Annual precipitation of 15 to entry. location information by contacting one 30 cm (6 to 12 inches) with most (4) Critical habitat map units. Data of the Service regional offices, the precipitation in spring and fall and layers defining map units were created addresses of which are listed at 50 CFR snow cover from December through by using satellite imagery (Bing 2012 2.2. March. Average winter low temperature Aerial Imagery basemap provided with (5) Index map follows:

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(6) Unit 1: North Evacuation Creek, 1B, 1C, 1D, 1E, 1F, 1G, 1H, and 1I Uintah County, Utah, and Rio Blanco follows: County, Colorado. Map of Subunits 1A,

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(7) Unit 2: Weaver Ridge, Uintah 2D, 2E, 2F, 2G, 2H, 2I, 2J, 2K, 2L, 2M County, Utah, and Rio Blanco County, and Unit 3 follows: Colorado. Map of Subunits 2A, 2B, 2C,

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(8) Unit 3: South Raven Ridge, Rio 3 is provided at paragraph (a)(7) of this Dated: July 18, 2013. Blanco County, Colorado. Map of Unit entry. Rachel Jacobson, * * * * * Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2013–18335 Filed 8–5–13; 8:45 am] BILLING CODE 4310–55–C

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