Vol. 77 Tuesday, No. 74 April 17, 2012

Part IV

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Revised Critical Habitat for Allium munzii (Munz’s onion) and Atriplex coronata var. notatior (San Jacinto Valley crownscale); Proposed Rule

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DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Jim partnerships created with the Bartel, Field Supervisor, U.S. Fish and establishment of a permitted Habitat Fish and Wildlife Service Wildlife Service, Carlsbad Fish and Conservation Plan. Wildlife Office, 6010 Hidden Valley The basis for our action. Under the 50 CFR Part 17 Road, Suite 101, Carlsbad, CA 92011; Endangered Species Act, any species [Docket No. FWS–R8–ES–2012–0008; telephone 760–431–9440; facsimile that is determined to be threatened or 4500030114] 760–431–5901. If you use a endangered shall, to the maximum telecommunications device for the deaf extent prudent and determinable, have RIN 1018–AX42 (TDD), call the Federal Information habitat designated that is considered to be critical habitat. Section 4(b)(2) of the Endangered and Threatened Wildlife Relay Service (FIRS) at 800–877–8339. Endangered Species Act states that the and Plants; Designation of Revised SUPPLEMENTARY INFORMATION: Secretary shall designate and make Critical Habitat for Allium munzii Executive Summary revisions to critical habitat on the basis (Munz’s onion) and Atriplex coronata Why we need to publish a rule. This of the best available scientific data after var. notatior (San Jacinto Valley is a proposed rule to revise the taking into consideration the economic crownscale) designations of critical habitat for two impact, national security impact, and AGENCY: Fish and Wildlife Service, endangered plant taxa, Munz’s onion any other relevant impact of specifying Interior. (Allium munzii) and San Jacinto Valley any particular area as critical habitat. ACTION: Proposed rule. crownscale (Atriplex coronata var. The Secretary may exclude an area from notatior). Under the Endangered Species critical habitat if he determines that the SUMMARY: We, the U.S. Fish and Act, any species that is determined to be benefits of such exclusion outweigh the Wildlife Service (Service), propose to threatened or endangered shall, to the benefits of specifying such area as part revise critical habitat for Allium munzii maximum extent prudent and of the critical habitat, unless he (Munz’s onion) and for Atriplex determinable, have habitat designated determines, based on the best scientific coronata var. notatior (San Jacinto that is considered to be critical habitat. data available, that the failure to Valley crownscale) under the Designations and revisions of critical designate such area as critical habitat Endangered Species Act of 1973, as habitat can only be completed by will result in the extinction of the amended (Act). In total, approximately issuing a rule. species. 889 acres (360 hectares) are being Critical habitat was designated for We are preparing an economic proposed for designation as critical Munz’s onion and San Jacinto Valley analysis of the proposed revised habitat for A. munzii and approximately crownscale in 2005. We agreed to designations of critical habitat. In order 8,020 acres (3,246 hectares) for A. c. var. reconsider the critical habitat to consider economic impacts, we are notatior. All of the proposed revised designations in a settlement agreement preparing a new analysis of the critical habitat is located in Riverside in response to a complaint filed in economic impacts of the proposed County, California. court, and are submitting a proposed revised critical habitat designations and DATES: We will accept comments revised critical habitat designation for related factors. We will announce the received or postmarked on or before both plants. availability of the draft economic June 18, 2012. Comments submitted We are proposing changes to the analysis as soon as it is completed, at electronically using the Federal designation of critical habitat for Munz’s which time we will seek additional eRulemaking Portal (see ADDRESSES onion and San Jacinto Valley public review and comment. section, below) must be received by crownscale. We will seek peer review. We are 11:59 p.m. Eastern Time on the closing • Our previous final critical habitat seeking the expert opinions of date. We must receive requests for designation for Munz’s onion in 2005 appropriate and independent specialists public hearings, in writing, at the identified 176 acres (71 hectares) of U.S. regarding this proposed rule to ensure address shown in FOR FURTHER Forest Service lands as critical habitat that our critical habitat designations are INFORMATION CONTACT by June 1, 2012. after excluding 1,068 acres (432 based on scientifically sound data, ADDRESSES: You may submit comments hectares) based upon Endangered assumptions, and analyses. We have by one of the following methods: Species Act exclusions. This proposed invited these peer reviewers to comment (1) Electronically: Go to the Federal revised designation for Munz’s onion during the proposed rule’s public eRulemaking Portal: http://www. includes five units in Riverside County, comment period on our specific regulations.gov. In the Search box, enter California, totaling 889 acres (360 assumptions and conclusions in this Docket No. FWS–R8–2012–0008, which hectares). We are considering excluding proposed rule to revise the designations is the docket number for this 790 acres (320 hectares) of lands from of critical habitat. We will consider all rulemaking. designation based on partnerships comments and information received (2) By hard copy: Submit by U.S. mail created with the establishment of during the comment period in our or hand-delivery to: Public Comments permitted Habitat Conservation Plans or preparation of the final determinations. Processing, Attn: FWS–R8–2012–0008; other Management Plans. Accordingly, the final decisions may Division of Policy and Directives • No critical habitat was designated differ from this proposal. Management; U.S. Fish and Wildlife in the previous 2005 final designation Public Comments Service; 4401 N. Fairfax Drive, MS for San Jacinto Valley crownscale after 2042–PDM; Arlington, VA 22203. 15,232 acres (6,164 hectares) were We intend that any final action We request that you send comments excluded. This proposed revised resulting from this proposed rule will be only by the methods described above. designation for San Jacinto Valley based on the best scientific and We will post all comments on http:// crownscale includes three units in commercial data available and be as www.regulations.gov. This generally Riverside County, California, totaling accurate and as effective as possible. means that we will post any personal 8,020 acres (3,246 hectares). We are Therefore, we request comments or information you provide us (see the considering excluding all 8,020 acres information from other concerned Public Comments section below for (3,246 hectares) of lands from critical government agencies, the scientific more information). habitat designation based on community, industry, or any other

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interested party concerning this (Western Riverside County MSHCP) or 64812), and the final listing rule proposed rule. We particularly seek other permitted HCPs and proposed for published in the Federal Register on comments concerning: designation as critical habitat should be October 13, 1998 (63 FR 54975). (1) The reasons why we should or considered for exclusion under section Additional information on the biology should not designate habitat as ‘‘critical 4(b)(2) of the Act and for those specific of the species may be found in the first habitat’’ under section 4 of the Act (16 areas, how benefits of exclusion from rule proposing critical habitat published U.S.C. 1531 et seq.), including whether the critical habitat designation would in the Federal Register on June 4, 2004 there are threats to the taxon (a group outweigh the benefits of inclusion in the (69 FR 31569), the subsequent final of individuals recognized as a formal designation. We are currently critical habitat rule published in the unit at any taxonomic rank (for considering to exclude, under section Federal Register on June 7, 2005 (70 FR example, a family, genus, species, 4(b)(2) of the Act, all lands covered by 33015), and the 5-year review for A. subspecies, or variety; Allium munzii is the Western Riverside County MSHCP munzii signed on June 17, 2009. These a species, Atriplex coronata var. or other permitted HCPs and documents are available on our Web site notatior is a variety) from human Cooperative Agreements described in at http://www.fws.gov/carlsbad/or activity, which can be expected to this proposed rule (see Exclusions http://www.fws.gov/endangered/under increase due to the designation, and Based on Other Relevant Impacts Allium munzii or Munz’s onion. whether that increase in threat section below). When we listed Allium munzii as outweighs the benefit of designation (9) Whether we could improve or endangered in 1998, the genus Allium such that the designation of critical modify our approach to designating was included in the large broadly habitat may not be prudent. critical habitat in any way to provide for defined family Liliaceae (lily family). (2) Specific information on: greater public participation and The genus Allium is now segregated in (a) The amount and distribution of understanding, or to better the family Alliaceae (onion family), and Allium munzii and Atriplex coronata accommodate public concerns and is recognized as such in the recent var. notatior habitat, comments. revision of the Jepson Manual of (b) Which areas within the You may submit your comments and Vascular Plants of California (McNeal geographical area occupied at the time materials concerning this proposed rule 2012, pp. 1289–1292). Upon review of of listing contain the physical or by one of the methods listed in the available systematic and floristic biological features essential to the ADDRESSES section. We request that you literature and consultation with species conservation of the taxa and should be send comments only by the methods experts, we are amending part 17, included in the designation and why, described in the ADDRESSES section. subchapter B of chapter I, title 50 of the (c) Special management We will post your entire comment— Code of Federal Regulations to reflect considerations or protection of essential including your personal identifying the transfer of Allium, including A. physical or biological features that may information—on http://www. munzii, from Liliaceae to Alliaceae. This be needed in critical habitat areas we regulations.gov. You may request at the transfer does not alter the description, are proposing, including managing for top of your document that we withhold distribution, or listing status of A. the potential effects of climate change, personal information such as your street munzii. and address, phone number, or email Description (d) Which areas outside the address from public review; however, geographical area occupied at the time we cannot guarantee that we will be Allium munzii belongs to the A. of listing are essential for the able to do so. fimbriatum complex, a group of seven conservation of the taxa and why. Comments and materials we receive, species found primarily in California (3) Land use designations and current as well as supporting documentation we (McNeal 1992, p. 413). Allium munzii is or planned activities in the subject areas used in preparing this proposed rule, a bulb-forming perennial herb that and their possible impacts on proposed will be available for public inspection annually produces a single cylindrical critical habitat. on http://www.regulations.gov, or by leaf prior to flowering and, depending (4) Information on the projected and appointment, during normal business on rainfall and age of the plant, a reasonably likely impacts of climate hours, at the U.S. Fish and Wildlife scapose inflorescence (a leafless flower change on Allium munzii and Atriplex Service, Carlsbad Fish and Wildlife stalk that grows directly from the coronata var. notatior and proposed Office (see FOR FURTHER INFORMATION ground) 0.5 to 1.2 feet (ft) (15 to 35 critical habitat. CONTACT). centimeters (cm)) tall. The inflorescence (5) Comments or information that may is umbellate (each individual flower assist us in identifying or clarifying the Background stalk radiates from the same point of primary constituent elements (PCEs) for This is a proposed rule to revise the attachment), and consists of 10 to 35 the two taxa. designations of critical habitat for two flowers. Each flower has six white or (6) How the proposed revised critical plant taxa, Allium munzii and Atriplex white with red midvein perianth habitat boundaries could be refined to coronata var. notatior. The document is segments (outer part of flower), 0.2 to more accurately circumscribe the areas structured to address the taxa separately 0.3 inch (in) (6 to 8 millimeters (mm)) meeting the definition of critical habitat. under each of the sectional headings long, which become red with age. The (7) Any probable economic, national that follow. ovary is crested with fine, irregularly security, or other relevant impacts of dentate processes and the fruit is a Allium munzii designating any area that may be three-lobed capsule (McNeal 1992, p. included in the final designation; in It is our intent to discuss only those 413). particular, any impacts on small topics directly relevant to the proposed entities, families, or tribes, and the revised designation of critical habitat for Biology and Life History benefits of including or excluding areas Allium munzii in this section of this Native Allium taxa typically require 3 that exhibit these impacts. proposed rule. For more information on to 5 years after seeds germinate for (8) Which specific lands covered by A. munzii, please refer to the proposed plants to reach maturity and produce the Western Riverside County Multiple listing rule published in the Federal flowers (Schmidt 1980, p. 164). Allium Species Habitat Conservation Plan Register on December 15, 1994 (59 FR plants are adapted to survive

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unfavorable seasons underground, as are southeast to the foothills of the San 2011a, Element Occurrence (EO) 10). all bulb-forming and corm-forming Jacinto Mountains (Boyd 1988, p. 2; These soils may be of sedimentary or plants (geophytes) (Pu¨ tz 1992, p. 1433). Roberts et al. 2004, pp. 10, 130). Climate igneous origin with a clay subsoil (such Seedlings achieve the appropriate depth in this area is characterized by cool, as Cajalco, Las Posas, or Vallecitos) in the soil by the action of specialized moist winters and hot, dry summers (Knecht 1971, pp. 2–3, 21, 42, 62–64). roots that pull the young plants down (Boyd 1988, p. 4). Allium munzii is Spatial Distribution, Historical Range, through the soil (Pu¨ tz 1992, p. 1433). found on level or slightly sloping areas and Population Size Allium munzii plants are dormant from or on terrace escarpments (California mid-summer through autumn. The Natural Diversity Database (CNDDB) As noted above, Allium munzii is a flowering period varies from year to 2011a) and is strongly associated with narrow endemic species with a year, but is generally between March mesic (wet) clay soils in western naturally discontinuous distribution in and May (California Native Plant Riverside County (Boyd 1988, pp. 2, 4). western Riverside County (Boyd 1988, Society (CNPS) 2001, p. 67). After Allium munzii occupy microhabitat p. 2; Roberts et al. 2004, pp. 10, 130). flowering and seed dispersal, the sites created by the complex geology of Its historical distribution may have been aboveground portions of A. munzii the Perris Basin; these sites receive or within clay soils scattered throughout plants die back to the bulb. Following retain more moisture than nearby or the entire Perris basin in western seed germination, at least 3 years are surrounding sites due to exposure, slope Riverside County, which exhibits a required for these bulb-forming plants to characteristics, hydrological complex physical geography produce flowers (Wall 2012, pers. characteristics, or topographic features characterized by several distinct comm.). (see, for example, the topography and geologic events and subsequent Allium munzii is adapted to seasonal geology discussion in Boyd (1983, pp. erosional processes that have produced (summer and fall) drought and variable 10, 13–14, 18)). numerous soil or sediment types on the annual rainfall. McNeal (1992, p. 413) Many of the clay soil types where remaining land forms (Dudley 1936, pp. observed that flowering in the A. Allium munzii occurs typically support 358–360, 376). Allium munzii shares its fimbriatum complex appears to be open native or nonnative grasslands. range and habitat with a portion of the correlated with rains in the late fall and Specific designations include southern range of the similar-appearing A. early winter. As a result, A. munzii may needlegrass grassland, mixed grassland, haematochiton (red-skinned onion). The occur in various states during a given open coastal sage scrub or Riversidean two species can occur within several growing season, including: (1) As sage scrub, or occasionally cismontane feet of each other, but they do not dormant underground bulbs, (2) as juniper woodlands (CNPS 2001, p. 67). interbreed (CDFG 1989, p. 2). seedlings and other pre-reproductive The species is also considered a In general, the distribution of plant plants that only produce one leaf, (3) as component of a ‘‘clay soil flora’’ that taxa may be determined from a variety adults with only one leaf that do not includes perennial herbs and a variety of sources including preserved produce an inflorescence that year, (4) of annuals (Boyd 1988, p. 4). Plants are herbarium specimens, survey reports, as adults that produce one leaf and an most frequently found in areas that are and various databases. Survey records inflorescence, and (5) as seeds in a soil minimally disturbed and in areas where typically contain information describing seedbank. When rainfall is heavier, most there is little competition and locations and numbers of plants, which plants flower successfully (McNeal overcrowding from nonnative plants. In can be called localities or groups of 1992, p. 413); A. munzii often does not contrast, areas that consistently individual plants (up to several flower in very dry years (Boyd 1988, p. experience ground disturbance activities thousand in one location or only a few 3), though most plants will sprout (such as disking for dryland farming) or plants), or can be described as the actual leaves and sometimes produce flower are heavily infested with invasive, number of individual plants. The buds. In addition to sexual reproduction nonnative plants (particularly annual precision of the location of survey sites through seed production, A. munzii grasses) generally result in a decline in varies from general area descriptions to plants can reproduce asexually through habitat quality and therefore declining road perimeters to more recent Global vegetative division of the bulbs A. munzii populations (Roberts 1998, Positioning System (GPS) technology. (Ellstrand 1993, p. 5; Ellstrand 1999, p. pers. comm.; CNDDB 2011a). The CNDDB, maintained by the 1). We have no definitive information Known soil associations with Allium California Department of Fish and Game regarding pollinators of A. munzii, but munzii include, but are not limited to: (CDFG), is an ongoing effort to include it is likely that a number of insect Altamont, Auld, Bosanko, and herbarium records and survey reports species serve this function (Boyd 2007, Porterville clays of sedimentary origin. for separate Element Occurrences (EOs) pers. comm.). Small beetles of the These clay soils are scattered in a band of all of the taxa tracked by the database. family Anthicidae (ant-like flower several miles wide and extend south of To constitute a separate EO, the site beetles) were found on about one-third Corona, California, through Temescal must be at least one-quarter mile from of the A. munzii inflorescences of a Canyon and along the Elsinore Fault any other such site. Sequential surveys population in Temescal Canyon (The zone to the southwestern foothills of the are accumulated in the EO report for the Environmental Trust 2002, p. 16); San Jacinto Mountains (Boyd 1988, p. site. Because contribution to the however, their role as pollinators was 2). Some of these soils are small pockets database is not mandatory, some not confirmed. of clay soil (for example Gavilan Hills) herbarium specimens and survey and are not identified on coarse-scale reports are not yet included in the Habitat and Soil Preferences soil maps (Boyd 2011a, pers. comm.). database. In this proposed rule, our use Allium munzii is a narrow endemic Wet clay soils facilitate the formation of of the term occurrence, often in relation plant discontinuously distributed along soil channels for movement of young to a critical habitat unit, may indicate an the southern edge of the greater bulbs (Pu¨ tz 1992, p. 1433), which is area that includes one or more point Riverside-Perris area (Perris Basin) in necessary for establishment and localities and EOs. western Riverside County, between the persistence of A. munzii plants. Allium Although 6 of the 18 CNDDB-defined elevations of 1,200 to 2,700 ft (366 to munzii is also found in rocky-sandy EOs have been detected since listing, 823 meters (m)) above mean sea level loam soil within rocky outcrops (such as the species’ geographic range (greater (AMSL), from Temescal Canyon North Domenigoni Hills) (CNDDB Perris Basin) has remained essentially

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the same since listing. We identified 13 year (Service 2009, Appendix 1, p. 33), be distinguished from these taxa by a populations of Allium munzii in our while others support fewer individual combination of characteristics, listing rule (63 FR 54975; October 13, plants (i.e., 500 or fewer plants). including life history, shape of the leaf, 1998) that were primarily based on sites and size and form of the bract (Munz Atriplex coronata var. notatior identified as CNDDB EOs and cited in 1974, pp. 354–355; Taylor and Wilken the rule (EOs 2, 3, 5, 7–16). Since then, It is our intent to discuss only those 1993, p. 501). six new EOs have been included in the topics directly relevant to the proposed Biology and Life History CNDDB database (CNDDB 2011a, EOs revised designation of critical habitat for 17, 18, 20, 21, 22, and 23), and during Atriplex coronata var. notatior in this The persistence of Atriplex coronata our 2009 5-year review, we located section of this proposed rule. For more var. notatior depends upon a hydrologic another record (1994) that was unknown information on A. c. var. notatior, please regime that includes seasonal and at the time of listing and that is not yet refer to the proposed listing rule sporadic ponding or flooding in described in the CNDDB database published in the Federal Register on combination with slow drainage in (Service 2009, p. 38; proposed EO 24). December 15, 1994 (59 FR 64812) and alkaline soils and habitats. The duration At the time of our 2009 5-year review, the final listing rule published in the and extent of ponding or flooding can be we assessed the status of six EOs as Federal Register on October 13, 1998 extremely variable from one year to the follows: two CNDDB-defined EOs (EOs (63 FR 54975). Additional information next depending on rainfall and local 1 and 8) are likely extirpated (locally on the biology of this taxon may be runoff conditions. Seasonal flooding is a extinct), three (EOs 20, 21, and 22) are found in the rule proposing critical necessary environmental process for A. vague locations or historical and of habitat published in the Federal c. var. notatior because it precludes currently unknown condition, and one Register on October 6, 2004 (69 FR invasion from upland plant species, (EO 19) was likely based on a 59844), the subsequent final critical restores disturbed alkali habitats, and misidentified specimen and deleted by habitat designation published in the helps to disperse seed. These elements CNDDB (Service 2009, p. 9). In addition, Federal Register on October 13, 2005 form a dynamic physical and biological the CNDDB has now combined EO 8 (70 FR 59952), and the 5-year review for matrix that allows A. c. var. notatior to with EO 3 (CNDDB 2011a, EO3). We A. coronata var. notatior signed on colonize favorable sites and retreat from therefore concluded in our 5-year March 31, 2008. These documents are less favorable sites in response to review that there were 18 extant (still in available on our Web site at http:// disturbance and variations in annual existence) EOs (EOs 2–7, 9–18, 23, and www.fws.gov/carlsbad/ or rainfall. proposed EO 24) for A. munzii, all http://www.fws.gov/endangered/ under Atriplex coronata var. notatior is essentially within the same geographic Atriplex coronata var. notatior or San reported to be a prolific seed producer range known at the time of listing. Jacinto Valley crownscale. (Ogden Environmental and Energy Services Corporation (OEESC) 1993, p. Because of the species’ habitat Description requirements, we do not anticipate this 27). Seed viability is believed to be at geographic range will change Atriplex coronata var. notatior is a least 5 years (Bramlet 2004, pers. significantly in the future, even if bushy, erect, annual plant that has comm.). The number of viable seeds lost additional locations of plants are unisexual flowers on each plant. It is a to seed predators or through dispersal to discovered. member of the Chenopodiaceae unsuitable habitats is unknown. The number of individual plants of (goosefoot family) (Munz 1974, p. 351). Atriplex coronata var. notatior produces Allium munzii detected in any one area Plants are from 4 to 12 in (10 to 30.5 cm) fruits capable of floating that may be differs from year to year and is not an high and generally appear gray and dispersed during seasonal flooding accurate reflection of the actual number scaly during the growing season, (Sanders 2004, pers. comm.), of individuals present. This is primarily becoming glabrous and straw-colored as specifically by slow-moving water flows due to the variety of life-history phases they mature (Taylor and Wilken 1993, p. during winter and spring rainfall events. represented in a given area (see 501). The grayish leaves are sessile Seeds generally germinate in the spring description in the Biology and Life (stalkless and attached directly at the as flows recede, flower in April and History section above). Some surveyors base), alternate, 0.3 to 0.8 in (8 to 20 May, and set fruit by May or June may only sample flowering individuals mm) long, and elliptic to ovate- (Bramlet 1992, pers. comm.). The while others may be able to sample triangular in outline. The flowers occur flowering period may extend to August plants with only the vegetative single in mixed clusters (Munz 1974, p. 353; in years when the water recedes late in leaf present. Because of the difficulties Taylor and Wilken 1993, p. 501). The the spring season (Munz 1974, p. 355; of obtaining reliable survey results and female flowers are obscure and develop CNPS 2001, p. 93). The number of A. c. the fact that the number of standing spherical bracts in the fruiting phase. var. notatior plants in a population individuals is dependent upon adequate These bracts have dense tubercles varies in response to rainfall, extent of rainfall, any estimation of individuals at (projections) that are roughly equal in winter flooding, and temperature a given location may vary by several number to the marginal teeth on the (Roberts 1993, p. 3). These factors also orders of magnitude in any given year. bracts (Munz 1974, p. 353; Taylor and influence the distribution of plants from In the 1998 final listing rule we Wilken 1993, p. 501). Atriplex coronata one year to the next (Bramlet 1996, p. estimated that there were 20,000 to var. notatior can be distinguished from 3). Hydrology, flooding, and 70,000 individuals of Allium munzii (63 the more northern A. c. var. coronata by precipitation all play a role in the FR 54975; October 13, 1998). The largest its erect stature, the spherical shape of germination, flowering, fruiting, and recorded location of plants was at the bracts together in fruiting stage, and seed dispersal of A. c. var. notatior. Harford Springs County Park and the more numerous tubercles and adjacent private lands (EO 2), with over marginal teeth on the bracts. The ranges Habitat and Soil Preferences 50,000 individuals observed in 1995 of the two taxa do not overlap. Atriplex Atriplex coronata var. notatior is (Ellstrand 1996, p. 4). In our 5-year coronata var. notatior may co-occur reliant on fixed landscape features that review, we found that, prior to listing, with one or more of six native and one include: (1) Appropriate hydrology that 10 CNDDB-defined EOs have supported introduced Atriplex taxa within its allows for flooding and moist soil 1,000 or more individuals in at least one range (Bramlet 1993b, p. 7–8) and can conditions during the winter and spring

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months, and (2) alkali soils that drain Domino, Traver, Waukena, and Chino (3) The Upper Salt Creek Vernal Pool slowly following the winter and spring soils series (Knecht 1971, p. 23, Bramlet Complex in the western Hemet area; and rains. The ponding of water (but not 1993a, p. 4). Atriplex coronata var. (4) The floodplain of Alberhill Creek prolonged inundation) that A. c. var. notatior is adapted to grow in slow- north of Lake Elsinore (CNDDB 2011b). notatior needs for growth and draining alkaline-saline clay soils, The alkaline-saline soils associated reproduction requires these hydrologic which are usually found in floodplains with the taxon, primarily the Traver- conditions and underlying soils. or areas of seasonal ponding (Mitchell Domino-Willows Association (Knecht Atriplex coronata var. notatior is 1990, p. 1; Tierra Madre Consultants 1971, p. 23), form a U-shaped band found in alkali sink habitat, including 1990, p. 2) with low permeability and around the Lakeview Mountains within alkali grassland and scrub (Bramlet low nutrient availability. In dry periods, basins and valley floors of the greater 1996, p. 10). This includes the San these saline soils exhibit a white Perris Valley basin (Tierra Madre Jacinto River and Mystic Lake powdery surface (effloresce) of salts on Consultants 1990, p. 3) and encompass floodplains, which represent dominant their surface due to the evaporation of the San Jacinto River and Old Salt Creek features of the dynamic San Jacinto water (Mitchell 1990, p. 1). Within these drainages. River Watershed (Tetra Tech and soil types, A. c. var. notatior occupies Atriplex coronata var. notatior is WRIME 2007, p. 26), and smaller seasonal and ephemeral wetlands, subject to significant natural floodplains where the taxon resides including floodplains and vernal pools fluctuations in numbers of observed such as Upper Salt Creek and Alberhill that are seasonally inundated, and individuals in any given year, which Creek. The San Jacinto River system is within areas dominated by alkali playas, varies in response to annual rainfall, ephemeral, characterized by low flows alkali scrub, and alkali grassland extent and distribution of winter except during and following rain events, (Bramlet 1992, pers. comm.); plants are flooding, and temperature (Roberts whereas flow in the headwater generally found at the upper margin or 1993, p. 3; Bramlet and White 2004, tributaries of the watershed is perennial on mounds within these wetlands Table 2). Differences in survey (Tetra Tech and WRIME 2007, p. 26). (Bramlet 2004, pers. comm.). These methodologies and proportion of range surveyed may also contribute to Mystic Lake is a natural sink in the San habitats are dependent upon adjacent differences in annual counts of Jacinto Valley; runoff flows into the lake transitional wetlands, marginal individuals. In addition, a viable seed from the valley and, during large flow wetlands, and upland areas within the bank may exist in the soil at a site for events, from the upper San Jacinto River watershed (59 FR 64821; December 15, several years (Bramlet 2004, pers. (Tetra Tech and WRIME 2007, p. 28). 1994). The floodplain of the San Jacinto River comm.) even if plants are removed or occupied by A. c. var. notatior contains Spatial Distribution, Historical Range, fail to germinate for a season or if the native vegetative communities and Population Size site is disturbed (OEESC 1993, p. 27). including alkali sage scrub and A status review and threat assessment At the time of listing, Atriplex for Atriplex coronata var. notatior, Riversidean sage scrub. coronata var. notatior was reported to The Upper Salt Creek locations of completed in October 1993 (prior to its be limited to the San Jacinto, Perris, Atriplex coronata var. notatior are listing in 1998), indicated that Menifee, and Elsinore Valleys in contained in a natural depression of the approximately 78,000 individuals were western Riverside County. The listing old Salt Creek tributary within the Salt distributed throughout the rule identified 11 groupings of Creek watershed. Habitats occupied by ‘‘populations’’ defined by the CNDDB individual plants associated with the A. c. var. notatior in this floodplain EOs (Roberts 1993, p. 3). At the time of San Jacinto River and Old Salt Creek include alkaline vernal pools, alkaline listing, we estimated about 27,000 A. c. tributary drainages with one additional grassland, and alkali sink scrub habitats var. notatior individuals occupied about (Regional Environmental Consultants small population (185 plants) found to 145 acres (ac) (59 hectares (ha)) of (RECON) 1995 pp. 15, 17; CNDDB the southwest near Lake Elsinore habitat (63 FR 54976; October 13, 1998). 2011b). Major flood control channels, (Alberhill Creek) (63 FR 54976; October We used population and habitat acreage local roads and road ditches, and 13, 1998). In our 5-year review, using estimates from Bramlet and White agricultural drainage ditches currently data from range-wide surveys of the (2004, Table 2) in our final critical disrupt historical drainage patterns in taxon completed from 1996 to 2001, we habitat rule (70 FR 59955; October 13, Upper Salt Creek, reducing the degree determined that A. c. var. notatior 2005); however, these were combined and duration of ponding during the wet occupied the same general geographic data from the 1990s for the four season (RECON 1995, p. 18). range described at the time of its listing geographical areas listed above. In our Atriplex coronata var. notatior has in 1998 (Service 2008, p. 5). Based on 2008 5-year review, we indicated a also been observed in the floodplain of these survey data and the limited rangewide population estimate of Alberhill Creek, which is a part of the comprehensive surveys conducted since 106,000 individuals of Atriplex larger Temescal Wash region of western 2001, we currently believe that A. c. var. coronata var. notatior based on Riverside County. This area drains the notatior continues to occupy the estimates from surveys conducted in the Gavilan Hills region and the geographical areas described in our spring of 2000 (Glenn Lukos Associates, northeastern slope of the Santa Ana previous final critical habitat rule as Inc. 2000, p. 15). Approximately 84,000 Mountains (Boyd 1983, p. 13). The occurrence complexes (70 FR 59952; of these individuals were found on floodplain floods periodically, October 13, 2005). These areas are 236.5 ac (95.7 ha) along the San Jacinto including seasonal overflow from Lake defined by hydrologic processes (such River between the Ramona Expressway Elsinore; this produces scouring and as seasonal flooding) and alkali soil and the mouth of Railroad Canyon for ponding in the alkali playa habitat associations and include: a total of 61 localities (Glenn Lukos occupied by A. c. var. notatior. (1) The floodplain of the San Jacinto Associates, Inc. 2000, p. 16). This study Within these three floodplains, River at the San Jacinto Wildlife Area, found that approximately 58,000 of the Atriplex coronata var. notatior is including Mystic Lake; estimated 83,741 individual plants (or restricted to highly alkaline, silty-clay (2) The floodplain of the San Jacinto 69 percent) were located within farmed soils in association with the Willows River between the Ramona Expressway or otherwise altered areas impacted by soil series and to a lesser extent, the and Railroad Canyon Reservoir; regular disking and, in some areas, by

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additional soil amendments. This report Nichols Road in nonnative grassland Previous Federal Actions—Atriplex also noted that approximately 7,470 and alkali marsh habitat on Willows coronata var. notatior individuals were located within the San soil, within one-quarter mile (365 m) of Please see the final listing rule for Jacinto Wildlife Area to the north the 1997 location (AMEC Earth and Atriplex coronata var. notatior for a (Glenn Lukos Associates Inc. 2000, p. Environmental Inc., 2006b, p. 29). description of previous Federal actions 15). through October 13, 1998 (63 FR 54975), Additional recent surveys of locations Previous Federal Actions—Allium including proposed critical habitat in or localities (groups of individual munzii 1994 (59 FR 64812; December 15, 1994). plants) of Atriplex coronata var. notatior Please see the final listing rule for At the time of the final listing rule in have been completed in portions of the Allium munzii for a description of 1998, the Service withdrew the middle and lower San Jacinto River previous Federal actions through proposed critical habitat designation floodplain as well as the Mystic Lake October 13, 1998 (63 FR 54975). At the based on the taxon’s continued decline area in 2005, 2008, and 2009 (Rancho time of listing, we concluded that and determined that designation of Santa Ana Botanic Garden 2006, 2010; designation of critical habitat for A. critical habitat was not prudent, White 2009, pers. comm.). Individual munzii was not prudent because such numbers of plants ranged from 21 to 220 indicating that no benefit over that designation would not benefit the provided by listing would result from per site. The Western Riverside Regional species. On June 4, 2004, we published Conservation Agency (RCA) has also such designation (63 FR 54991; October a proposed rule to designate 227 ac (92 13, 1998). conducted limited surveys in a portion ha) of critical habitat for A. munzii on of the San Jacinto Wildlife Area since On October 6, 2004, we published a Federal land (Cleveland National Forest) proposed rule to designate critical 2006 under the Western Riverside in western Riverside County, California County MSHCP Rare Plant Survey habitat for Atriplex coronata var. (69 FR 31569). On June 7, 2005, we notatior and identified 15,232 ac (6,164 program, finding fewer than 100 published a final rule designating 176 ac individuals for all 13 surveyed sites ha) of habitat that met the definition of (71 ha) of the proposed land as critical critical habitat (69 FR 59844). However, (Malisch, 2010, pers. comm.). habitat for A. munzii (70 FR 33015). Surveys for sensitive plant species we concluded in the 2004 proposed rule On March 22, 2006, we announced were also conducted within the Upper under section 4(b)(2) of the Act that the the initiation of the 5-year review for Salt Creek area in 2005 and 2006 for a benefits of excluding lands covered by Allium munzii and opening of a 60-day proposed highway realignment project the Western Riverside County MSHCP public comment period to receive (CH2M Hill 2010). These surveys outweighed the benefits of including information (71 FR 14538). The A. documented over 100,000 individual them as critical habitat and no lands munzii 5-year review was signed on Atriplex coronata var. notatior plants were proposed for designation as critical within 555 localities in alkali grassland, June 17, 2009, and found that no change habitat in the proposed rule. On October alkali playa, and vernal pool habitats was warranted to the endangered status 13, 2005, we published a final critical (CH2M Hill 2010, pp. 5–69, Appendix F of A. munzii. habitat determination for A. c. var. (p. 5), and Figure 5.3–11). The largest On October 2, 2008, a complaint was notatior (70 FR 59952); there was no number of locations of plants (90 filed against the Department of the change from the proposed rule. We percent) and the largest number of Interior (DOI) and the Service by the concluded that all 15,232 ac (6,136 ha) individual plants (over 100,000 plants) Center for Biological Diversity (CBD v. of habitat meeting the definition of were all found in one general region of Kempthorne, No. 08–CV–01348 (S.D. critical habitat were located either the Upper Salt Creek area (north of the Cal.)) challenging our final critical within our estimate of the areas to be San Jacinto Branch Line, south of habitat designation for Allium munzii. conserved and managed by the Devonshire Avenue, east of California In an order dated March 24, 2009, the approved Western Riverside County Avenue, and west of Warren Road) U.S. District Court for the Central MSHCP on existing Public/Quasi-Public (CH2M Hill 2010, p. 5–69). District of California, Eastern Division, Lands, or within areas where the The results of these recent surveys adopted a Stipulated Settlement MSHCP would ensure that future (2005 through 2009), including some Agreement that was entered into by all projects would not adversely alter conducted during a wet year, indicate a parties. The agreement stipulates that essential hydrological processes and more significant population of plants the Service will reconsider critical therefore all areas were excluded from within the Upper Salt Creek area than habitat designations for both A. munzii critical habitat under section 4(b)(2) of was previously believed for the Upper and Atriplex coronata var. notatior, and the Act. Salt Creek location. These surveys do shall submit to the Federal Register On March 22, 2006, we announced not represent a significant change in the proposed revised critical habitat the initiation of the 5-year review for distribution of Atriplex coronata var. determinations for both plants by Atriplex coronata var. notatior and the notatior since the plant was listed. They October 7, 2011. An extension for the opening of a 60-day public comment do provide more precise locations for A. completion of the new proposed period to receive information (71 FR c. var. notatior within these two determinations was granted on 14538). The 5-year review was signed floodplains, and therefore an updated September 14, 2011; the new on March 31, 2008, and found that no assessment of the distribution of the submission date to the Federal Register change was warranted to the plant within the geographical area is April 6, 2012. Until the effective date endangered status of A. c. var. notatior. occupied at the time of listing. of the final determinations (to be On October 2, 2008, a complaint was Atriplex coronata var. notatior is also submitted to the Federal Register on or filed against the DOI and the Service by found in the Alberhill Creek area. In before April 6, 2013), the existing final the Center for Biological Diversity (CBD 1997, 185 plants were observed on critical habitat designations for A. v. Kempthorne, No. 08–CV–01348 (S.D. Willows soils in this floodplain within munzii and A. c. var. notatior remain in Cal.)) challenging our final critical wetland habitat along Nichols Road, place. We are proposing revised critical habitat determinations for Allium near the mouth of Walker Canyon habitat designations for both A. munzii munzii and Atriplex coronata var. (CNDDB 2011b, EO16). A survey in and A. c. var. notatior in this combined notatior (see Previous Federal Actions— 2005 recorded 10 plants south of proposed rule. Allium Munzii section above for a

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detailed account of this lawsuit and apply, but even in the event of a the extent consistent with the Act and settlement agreement). We are destruction or adverse modification with the use of the best scientific data proposing revised critical habitat finding, the obligation of the Federal available, to use primary and original designations for both A. munzii and A. action agency and the landowner is not sources of information as the basis for c. var. notatior in this proposed rule. to restore or recover the species, but to recommendations to designate critical implement reasonable and prudent habitat. Critical Habitat alternatives to avoid destruction or When we are determining which areas Background adverse modification of critical habitat. should be designated as critical habitat, Under section 3(5)(A)(i) of the Act, our primary source of information is Critical habitat is defined in section 3 specific areas within the geographical generally the information developed of the Act as: area occupied by the species at the time during the listing process for the (1) The specific areas within the it was listed are included in a critical species. Additional information sources geographical area occupied by the habitat designation if they contain the may include the recovery plan for the species, at the time it is listed in physical or biological features (1) which species, articles in peer-reviewed accordance with the Act, on which are are essential to the conservation of the journals, conservation plans developed found those physical or biological species and (2) which may require by States and counties, scientific status features that are special management considerations or surveys and studies, biological (a) Essential to the conservation of the protection. For these areas, critical assessments, other unpublished species and habitat designations identify, to the materials, or experts’ opinions or (b) Which may require special extent known using the best scientific personal knowledge. management considerations or and commercial data available, those Habitat is dynamic, and species may protection; and physical or biological features that are move from one area to another over (2) Specific areas outside the essential to the conservation of the time. We recognize that critical habitat geographical area occupied by the species (such as space, food, cover, and designated at a particular point in time species at the time it is listed, upon a protected habitat). In identifying those may not include all of the habitat areas determination that such areas are physical or biological features within an that we may later determine are essential for the conservation of the area, we focus on the principal necessary for the recovery of the species. biological or physical constituent species. For these reasons, a critical Conservation, as defined under elements (PCEs) (such as roost sites, habitat designation does not signal that section 3 of the Act, means to use and nesting grounds, seasonal wetlands, habitat outside the designated area is the use of all methods and procedures water quality, tide, and soil type) that unimportant or may not be needed for necessary to bring an endangered or are essential to the conservation of the recovery of the species. Areas that are threatened species to the point at which species. important to the conservation of the the measures provided pursuant to the Under section 3(5)(A)(ii) of the Act, species, both inside and outside the Act are no longer necessary. Such specific areas outside the geographical critical habitat designation, will methods and procedures include, but area occupied by the species at the time continue to be subject to: (1) are not limited to, all activities it is listed are included in a critical Conservation actions implemented associated with scientific resource habitat designation upon a under section 7(a)(1) of the Act, (2) management such as research, census, determination that such areas are regulatory protections afforded by the law enforcement, habitat acquisition essential for the conservation of the requirement in section 7(a)(2) of the Act and maintenance, propagation, live species. For example, an area currently for Federal agencies to ensure their trapping, and transplantation, and, in occupied by the species but that was not actions are not likely to jeopardize the the extraordinary case where population occupied at the time of listing may be continued existence of any endangered pressures within a given ecosystem essential for the conservation of the or threatened species, and (3) the cannot be otherwise relieved, may species and may be included in the prohibitions of section 9 of the Act if include regulated taking. critical habitat designation. We actions occurring in these areas may Critical habitat receives protection designate critical habitat in areas affect the species. Federally funded or under section 7 of the Act through the outside the geographical area occupied permitted projects affecting listed requirement that Federal agencies by a species only when a designation species outside their designated critical ensure, in consultation with the Service, limited to its range would be inadequate habitat areas may still result in jeopardy that any action they authorize, fund, or to ensure the conservation of the findings in some cases. These carry out is not likely to result in the species. protections and conservation tools will destruction or adverse modification of Section 4 of the Act requires that we continue to contribute to recovery of critical habitat. The designation of designate critical habitat on the basis of these taxa. Similarly, critical habitat critical habitat does not affect land the best scientific data available. designations made on the basis of the ownership or establish a refuge, Further, our Policy on Information best available information at the time of wilderness, reserve, preserve, or other Standards under the Endangered designation will not control the conservation area. Such designation Species Act (published in the Federal direction and substance of future does not allow the government or public Register on July 1, 1994 (59 FR 34271)), recovery plans, HCPs, or other species to access private lands. Such the Information Quality Act (section 515 conservation planning efforts if new designation does not require of the Treasury and General information available at the time of implementation of restoration, recovery, Government Appropriations Act for these planning efforts calls for a or enhancement measures by non- Fiscal Year 2001 (Pub. L. 106–554; H.R. different outcome. Federal landowners. Where a landowner 5658)), and our associated Information In particular, we recognize that seeks or requests Federal agency Quality Guidelines, provide criteria, climate change may cause changes in funding or authorization for an action establish procedures, and provide the arrangement of occupied habitat and that may affect a listed species or guidance to ensure that our decisions will be a particular challenge for critical habitat, the consultation are based on the best scientific data biodiversity because the interaction of requirements of section 7(a)(2) would available. They require our biologists, to additional stressors associated with

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climate change and current stressors currently predicted effects of climate Allium munzii is also found within may push species beyond their ability to change on A. munzii and A. c. var. other soil types. These include soil survive (Lovejoy 2005, pp. 325–326). notatior and their habitats (see Public series of sedimentary or igneous origin The synergistic implications of climate Comments section above). within a clay subsoil, or rocky-sandy change and habitat fragmentation are loam soils that fall between the finer- Physical or Biological Features the most threatening facet of climate textured sandy clay loam and the change for biodiversity (Hannah and In accordance with sections 3(5)(A)(i) coarser-textured loamy sands and have Lovejoy 2005, p. 4). Climate models are and 4(b)(1)(A) of the Act and regulations sufficient silt or clay components to being generated to examine what will at 50 CFR 424.12, in determining which provide coherence (stickiness) to the happen in localized regions such as areas within the geographical area soil (Brown 2003, p. 3). Clay soils must southern California, and many scientists occupied at the time of listing to be deep enough (at least 3 in (7.6 cm)) believe warmer, wetter winters and propose as revised critical habitat, we and remain wet long enough to expand warmer, drier summers will occur consider those physical or biological during the rainy season in order to pull within the next century as well as an features that are essential to the the seedling bulb down into the soil so increase in extreme temperature events conservation of the species and which the plant will survive until spring (e.g., Field et al. 1999, pp. 2–3, 20; may require special management (Wallace 2011, pers. comm.). Allium Christensen et al. 2007, p. 891). Climate- considerations or protection. These munzii most frequently appears within related changes in California have been include, but are not limited to: intact habitats in which the soils and documented (Croke et al. 1998, pp. (1) Space for individual and subsoils have been minimally altered or 2128, 2130; Breashears et al. 2005, p. population growth and for normal unaltered by ground-disturbing 15144; McMullen and Jabbour 2009, p. behavior; activities (such as disking, grading, 41; Dominguez et al. 2010, p. 500), and (2) Food, water, air, light, minerals, or excavating, or recontouring) and in predictions for California indicate other nutritional or physiological more open areas where there is little prolonged drought and other climate- requirements; competition and overcrowding from related changes into the future (Field et (3) Cover or shelter; nonnative plants. al. 1999, pp. 8–10; Lenihan et al. 2003, (4) Sites for breeding, reproduction, or Allium munzii is commonly restricted p. 1667; Hayhoe et al. 2004, p. 12422; rearing (or development) of offspring; to locally wetter sites (Boyd 1988, p. 2) Breashears et al. 2005, p. 15144; Seager and on level or slightly sloping (10–20 et al. 2007, p. 1181; IPCC 2007, p. 9). (5) Habitats that are protected from degrees) areas at elevations from 1,200 Regional climate change models disturbance or are representative of the ft (366 m) AMSL (Skunk Hollow) to project that the southwestern California historical, geographical, and ecological 2,700 ft (823 m) AMSL (Estelle ecoregion occupied by Allium munzii distributions of a species. Mountain) (Boyd 1988, p. 4). It is found and Atriplex coronata var. notatior Allium munzii on both south- and north-facing slopes could experience a mean annual (L&L Environmental Inc. 2003, p. 26; temperature increase of 1.7 to 2.2 We derive the specific physical or CNDDB 2011a). The native perennial °Celsius (C) (3.06 to 3.96 °Fahrenheit biological features for Allium munzii and annual grassland communities, (F)) by 2070 (Point Reyes Bird from characteristics of the species’ open coastal sage or Riversidean sage Observatory (PRBO) Conservation habitat, ecology, and life history as scrub, and occasionally cismontane Science 2011, p. 40). These models also described in the Background section of juniper woodlands found on clay soils project vegetation changes for this proposed rule, the previous critical in Riverside County provide supporting southwestern California. For example, habitat rule (70 FR 33015; June 7, 2005), habitat for A. munzii. Coupled with the area of chaparral or coastal scrub is the proposed listing rule (59 FR 64812: aspect and elevation, these plant projected to decrease by 38 to 44 December 15, 1994), and the final listing communities in western Riverside percent by 2070, while grassland, which rule (63 FR 54975; October 13, 1998). County provide space for individual and currently occupies 3 percent of this We have based our determination of the population growth for A. munzii and are region, is projected to increase by 345 to physical or biological features for A. identified as a physical or biological 390 percent (PRBO Conservation munzii on the following: feature for this species. Science 2011, p. 42). A recent study on Space for Individual and Population Food, Water, Air, Light, Minerals, or the effects of climate change to Growth and for Normal Behavior Other Nutritional or Physiological grassland assemblages in California, as Requirements measured by trait differences between Allium munzii is a narrow endemic native and nonnative plant taxa, plant that is generally associated with Clay soil associations for Allium predicted an increase in dominance of mesic clay soils in western Riverside munzii include, but are not limited to: nonnative taxa in grass assemblages County, California, along the southern Altamont, Auld, Bosanko, and with an increase in temperature (Sandel edge of the Perris Basin. Because of the Porterville clays (70 FR 33022; June 7, and Dangremond 2011, p. 11). physical geology in this part of the 2005) or soil series of sedimentary or The information currently available County, clay soils are scattered in a igneous origin (rocky-sandy loam) with on the effects of global climate change band, several miles wide, extending 40 a clay subsoil (such as Cajalco, Las and increasing temperatures does not miles (mi) (64 kilometers (km)) from Posas, and Vallecitos). Two populations adequately predict the location and Gavilan Hills to west of Temescal of A. munzii are associated with these magnitude of climate change effects to Canyon and Lake Elsinore at the eastern rocky or sandy loam soils on igneous Allium munzii and Atriplex coronata foothills of the Santa Ana Mountains, rocky outcrops (Greene 1999, pers. var. notatior; therefore, we are unable to and along the Elsinore Fault Zone to the comm.; CNDDB 2011a, EO 23). Most determine if any additional areas may southwestern foothills of the San Jacinto populations are associated with clay be appropriate to include in this Mountains near Lake Skinner and soils, which have a sticky adobe proposed revised critical habitat Diamond Valley Lake. These clay soils consistency when wet and large cracks designation to address the effects of often exist as areas of smaller discrete when dry, and with rounded cobbles climate change. We specifically request pockets (clay lenses) that are often not and boulders embedded within the soil information from the public on the identified on coarse-scale soil maps. (Boyd 1988, p. 4). Clay soils have

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unique physical and chemical nonclay soils can be very different as is agricultural activities (Service 2008, p. properties such as fine grain size, small the case for the terraces in Temescal 8). Dryland or irrigated farming pore space, and an expansive nature Canyon (Boyd 1988, p. 4). At other activities in the San Jacinto River and that often result in a hardpan layer that locations, such as Alberhill Mountain Old Salt Creek floodplains have been inhibits percolation and root and the Gavilan Hills region, the occurring over the past 100 years. Most penetration (Donahue et al. 1977, p. 50). grasslands form a mosaic with the populations of plants within these Clay soils are also rich in mineral surrounding scrub-type vegetation locations are on privately owned nutrients such as calcium, magnesium, (Boyd 1988, p. 4); A. munzii is often undeveloped land that is disked and potassium that are held tightly as found in open areas within these frequently or has undergone intensive positively charged ions (cations) and are grassland communities. manure dumping (Roberts 1993, pp. 2– absorbed by plant roots through cation Allium munzii is also associated with 3; Roberts and McMillan 1997, pp. 1–5; exchange (Donahue et al. 1977, pp. 10, nonnative plants, primarily invasive Roberts 2004, pers. comm.; CNDDB 50, 106, 113, 121). annuals (CDFG 1989, p. 2). However, 2011b). Habitats that support A. c. var. Allium munzii is adapted to seasonal nonnative plants have been identified as notatior can recover from disturbance (summer and fall) drought and variable a threat to several populations of A. from disking or dryland farming if left annual rainfall. Within areas of suitable munzii (CNDDB 2011a, EOs 5, 6, 7, 10, fallow and undisturbed (Roberts 1993, clay soils or areas of smaller discrete 12, and 16). Activities that promote the pp. 2–3). In the past, disking was pockets of clay within other soil types, spread of invasive weedy grasses, such intermittent, allowing for recovery microhabitats that receive or retain more as disking and grading, can suppress the periods for A. c. var. notatior (Roberts moisture than surrounding areas (due to inflorescence of A. munzii (Boyd 1988, 1999, pers. comm.). Additionally, factors such as exposure, slope, and p. 3). These activities can also kill Atriplex coronata var. notatior can subsurface geology) are very important plants and destroy hydrological persist in the seed bank within lands in determining where A. munzii is characteristics of the site. that experience short-term disturbances found (Boyd 2011b, pers. comm.) and Native and, in some areas, nonnative and can germinate with the return of are identified as physical or biological plant communities found along the proper conditions (Roberts 1993, pp. 2– features for this species. southern edge of the greater Riverside- 3). Thus, in those areas where elements Perris area are identified as a physical Sites for Reproduction of annual communities persist, or biological feature for this taxon. disturbed annual grassland and alkali Sites for Allium munzii reproduction Atriplex coronata var. notatior playa habitats can recover with the are coincident with those for individual return of hydrological conditions to and population growth. Allium munzii We derive the specific physical or support A. c. var. notatior and therefore is generally restricted to clay soils but biological features for Atriplex coronata provide the physical or biological is also found on rocky loam soils (such var. notatior from studies of this taxon’s features for the taxon. However, once as North Domenigoni Hills). The sites of habitat, ecology, and life history as the seed bank is removed through these soils in western Riverside County described in the Background section of activities such as laser leveling for are identified as a physical or biological this proposed rule, the previous critical agriculture development or significant feature for this species. habitat rule (70 FR 59952; October 13, alternation of soil chemistry, plants are We have little information on 2005), and the final listing rule (63 FR unlikely to reestablish without pollinators or their habitat requirements 54975; October 13, 1998). We have extensive soil restoration (Bramlet 2010, for this taxon other than anecdotal based our determination of the physical pers. comm.). We have determined that observations of beetles on Allium or biological features for A. c. var. alkali vernal pools and floodplains that munzii inflorescences in one population notatior on the following: receive seasonal inundation, including at Temescal Canyon (The alkali playas, alkali scrub, alkali vernal Environmental Trust 2002, p. 16). Wind Space for Individual and Population Growth and for Normal Behavior pools, and alkali grasslands habitats, are dispersal is the likely mechanism for a physical or biological feature for A. c. seed distribution; however, no estimates Atriplex coronata var. notatior var. notatior. of dispersal distances are available. occupies seasonal wetlands, including vernal pools and floodplains that Food, Water, Air, Light, Minerals, or Habitats Protected From Disturbance or receive seasonal inundation (Bramlet Other Nutritional or Physiological Representative of the Historical, 1993a, p. 1). The taxon occurs within Requirements Geographical, and Ecological alkali playas, alkali scrub, alkali vernal Atriplex coronata var. notatior Distributions of the Species pools, and alkali grasslands, where requires a hydrologic regime that Allium munzii is found in association these habitats occur in association with includes seasonal and large-scale with several plant communities, slow-draining alkaline soils, particularly flooding in combination with alkaline including southern needlegrass the Willows soil series, and to a lesser soils that exhibit low permeability and grassland, mixed grassland, open coastal extent, the Domino, Traver, Waukena, low nutrient availability. The plants sage scrub and Riversidean sage scrub, and Chino soil series (Knecht 1971, p. occur along floodplains defined by or occasionally cismontane juniper 23 and accompanying map; Bramlet seasonal ponding or flooding in the San woodlands (CNPS 2001, p. 67). A 1992 pers. comm.; Bramlet 1993a, p. 1;). Jacinto River and Upper Salt Creek characteristic clay soil flora, comprised Atriplex coronata var. notatior is drainages and within the Alberhill of herbaceous annuals and perennials, is therefore found adjacent to and Creek floodplain in soils where mineral often associated with the small pockets dependent on floodplains, transitional nutrients are tightly bound to silt and of clay soils (see Habitat and Soil wetlands, marginal wetlands, and scrub clay particles (Roberts 2004, pers. Preferences section above for Allium habitat within the watershed (59 FR comm.). Depending on the amount of munzii) in southwestern Riverside 64812; December 15, 1994, p. 64821). precipitation, the duration and extent of County occupied by A. munzii (Boyd The four general geographical areas flooding or inundation can be extremely 1988, p. 4). In some instances, the where Atriplex coronata var. notatior is variable year to year. Seasonal flooding observed differences in plant known to occur are no longer pristine (typically over the winter and early communities that occupy clay versus and have been particularly impacted by spring) is an important process that

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creates suitable alkali habitat for A. c. affects local distribution of individual series of sedimentary or igneous origin var. notatior, stimulates germination, plants, while large-scale flooding with a clay subsoil (for example, prevents invasion from flood-intolerant (generally 20- to 50-year events) Cajalco, Las Posas, Vallecitos): plant species, restores disturbed areas, disrupts entire habitats with slow- (a) Found on level or slightly sloping and helps disperse seed (Roberts 2004, moving water that can be present for landscapes or terrace escarpments; pers. comm.). Additionally, large-scale weeks or months and rework the (b) Generally between the elevations flooding events, such as 10-, 50-, or 100- structure of the vegetative communities of 1,200 to 2,700 ft (366 to 823 m) above year floods, can restore or reset alkali (Roberts 2004, pers. comm.). Together, mean sea level; habitat that has been colonized by these natural processes prevent invasion (c) Within intact natural surface and upland species or disturbed by from upland vegetation, restore subsurface structures that have been agricultural activities (Bramlet 1992, disturbed alkali habitats, and help minimally altered or unaltered by pers. comm.). The frequency, duration, distribute seed throughout the habitat. ground-disturbing activities (for and extent of seasonal ponding or Natural alkali playa flood events example, disked, graded, excavated, or flooding creates a dynamic matrix of therefore promote the colonization of A. recontoured); habitat that allows A. c. var. notatior to c. var. notatior colonization within (d) Within microhabitats that receive colonize favorable sites and retreat from favorable sites, as well as the retreat or retain more moisture than less favorable sites in response to from less favorable sites, in response to surrounding areas, due in part to factors disturbance and variations in annual disturbance and variations in annual such as exposure, slope, and subsurface rainfall. Irreversible actions (such as rainfall, thus creating conditions in geology; and paving, redirection of sheet flow, or which population abundance shifts (e) Part of open native or nonnative year-round flooding) that alter the annually through a mosaic of habitat grassland plant communities and clay hydrology of the seasonal wetlands and and flooding (Bramlet 1996, p. 2–3). soil flora, including southern upland watersheds, or infringe upon the Relatedly, A. c. var. notatior is known needlegrass grassland, mixed grassland, wetlands, may threaten the survival of to produce floating seeds that are likely and open coastal sage scrub or A. c. var. notatior. dispersed during seasonal flooding by occasionally in cismontane juniper The presence of Atriplex coronata var. slow-moving flows within the woodlands; or notatior in floodplains depends on floodplains and vernal pools where the (2) Outcrops of igneous rocks seasonal or large-scale flooding within plant occurs (Sanders 2004, pers. (pyroxenite) on rocky-sandy loam or valley drainages, as well as precipitation comm.). Therefore, flooding provides clay soils within Riversidean sage scrub, and runoff from the surrounding the conditions that stimulate the generally between the elevations of hillsides. The watershed and the upland germination of A. c. var. notatior and 1,200 to 2,700 ft (366 to 823 m) above areas that provide water to these controls the distribution of plants in the mean sea level. floodplains are important for retaining surrounding semi-arid environment With this proposed revised the flooding regime. While some runoff both year-to-year and over decades. designation of critical habitat, we intend originates from undeveloped hillsides, These natural floodplain processes are to identify the physical or biological much of the watershed where A. c. var. integral to the life history of A. c. var. features essential to the conservation of notatior occurs has been developed, and notatior and are considered to be a the species. All units and subunits the flows traveling to the ponded physical or biological feature necessary proposed to be designated as critical habitats can include urban runoff to maintain a healthy population. habitat are currently occupied by (RECON 1995, pp. 18, 21). Unless Allium munzii and are within the Primary Constituent Elements captured and routed to storm water geographical areas occupied at the time detention (desilting) basins, this runoff Under the Act and its implementing of listing. can transport a variety of pollutants that regulations, we are required to identify can be detrimental to native plant the physical or biological features Atriplex coronata var. notatior communities, particularly the unique essential to the conservation of Allium Based on our current knowledge of soil and vegetation characteristics of munzii and Atriplex coronata var. the physical or biological features and vernal pool and alkali playa habitats notatior within the geographical area habitat characteristics required to and the species that occupy them (Clark occupied at the time of listing, focusing sustain the taxon’s life-history et al. 1998, p. 251; Cahill et al. 2001, p. on the features’ primary constituent processes, we determine that the PCEs 820; Battaglin et al. 2009, p. 303). elements (PCEs). We consider PCEs to specific to Atriplex coronata var. Therefore, a hydrologic regime that be the elements of physical or biological notatior are: includes seasonal and large-scale features that provide for a species’ life- (1) Wetland habitat including flooding in combination with slow history processes and, under the floodplains and vernal pools: drainage in alkaline soils with low appropriate conditions, are essential to (a) Associated with native vegetation nutrient loads is identified as a physical the conservation of the species. communities, including alkali playa, or biological feature for this taxon. alkali scrub, and alkali grasslands; and Allium munzii (b) Characterized by seasonal Sites for Reproduction Based on our current knowledge of inundation or localized flooding, Flooding or ponding of water during the physical or biological features and including infrequent large-scale flood the rainy season, as indicated above, is habitat characteristics required to events with low nutrient loads; and important for the reproduction, sustain the species’ life-history (2) Slow-draining alkali soils germination, and seed dispersal of processes, we determine that the PCEs including the Willows, Domino, Traver, Atriplex coronata var. notatior. Two specific to Allium munzii are: Waukena, and Chino soil series with: types of flood events are important for (1) Clay soil series of sedimentary (a) Low permeability; A. c. var. notatior, and they occur at two origin (for example, Altamont, Auld, (b) Low nutrient availability; and distinct scales: local, seasonal flooding Bosanko, Porterville), clay lenses (c) Seasonal ponding and evaporation. and large-scale flooding (Roberts 2004, (pockets of clay soils) of those series With this proposed revised pers. comm.). Seasonal flooding that may be found as unmapped designation of critical habitat, we intend determines the area of germination and inclusions in other soil series, or soil to identify the physical or biological

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features essential to the conservation of Further discussion of specific threats (3) Competition from nonnative plants the species. All units and subunits facing individual proposed revised (PCE 1); and proposed to be designated as critical critical habitat units or subunits for (4) Long-term threats including water habitat are currently occupied by Allium munzii is provided in the unit pollution, climatic variations, and Atriplex coronata var. notatior and are descriptions under the Proposed changes in soil chemistry and nutrient within the geographical areas occupied Revised Critical Habitat Designation availability (PCE 1) (63 FR 54983, at the time of listing. section below. In these proposed revised October 13, 1998; 69 FR 59847, October critical habitat units, special 6, 2004; 70 FR 59966, October 13, 2005; Special Management Considerations or management considerations or Service 2008, pp. 8–17). Protection protection may be needed to ensure the Further discussion of specific threats When designating critical habitat, we long-term existence of clay and alluvial facing individual units is provided in assess whether the specific areas within soil integrity within habitats that the unit descriptions under the the geographical area occupied by the support the physical or biological Proposed Revised Critical Habitat species at the time of listing contain features essential to the conservation of Designation section below. Special physical or biological features which are A. munzii. management considerations or essential to the conservation of the Special management considerations protection for Atriplex coronata var. species and which may require special or protection for areas occupied by notatior include: management considerations or Allium munzii include: (1) Protection of habitat, including protection. In all units or subunits, (1) Protection of habitat from urban underlying soils and chemistry, from special management considerations or development or destruction to maintain development or destruction; protection of the essential features may integrity of clay soils; (2) Protection of floodplain processes to maintain natural, seasonal flooding be required to provide for the growth, (2) Reduction of land conversion to reproduction, and sustained function of regimes; agricultural uses and reduction of (3) Reduction of land conversion to the habitat on which Allium munzii and disking or dryland farming to maintain Atriplex coronata var. notatior depend. agricultural uses and reduction of native habitats; disking and dryland farming to maintain Allium munzii (3) Management and control of native habitats; invasive nonnative plants to provide (4) Land acquisition or conservation A detailed discussion of threats to open areas for growth and reproduction; easements for occurrences not already Allium munzii and its habitat can be and conserved to protect those populations found in the final listing rule (63 FR (4) Land acquisition or conservation within occupied habitats; and 54975; October 13, 1998), the previous easements for occurrences not already (5) Implementation of manure and proposed and final critical habitat conserved to protect those populations sludge dumping ordinances to maintain designations (69 FR 31569, June 4, 2004; within occupied habitats. soil chemistry. 70 FR 33015, June 7, 2005), and the A. munzii 5-year review signed on June 17, Atriplex coronata var. notatior Criteria Used To Identify Critical 2009 (Service 2009). Actions and A detailed discussion of threats to Habitat development that alter habitat suitable Atriplex coronata var. notatior and its As required by section 4(b)(2) of the for the species or affect the natural habitat can be found in the final listing Act, we use the best scientific data hydrologic processes upon which the rule (63 FR 54975; October 13, 1998), available to designate critical habitat. species depends could threaten the the previous proposed and final critical We review available information species. habitat designations (69 FR 59844, pertaining to the habitat requirement of The physical or biological features October 6, 2004; 70 FR 59952, October the species. In accordance with the Act essential to the conservation of Allium 13, 2005), and the A. c. var. notatior 5- and its implementing regulation at 50 munzii all face ongoing threats that may year review signed on March 31, 2008 CFR 424.12(e), we consider whether require special management (Service 2008). Actions and designating additional areas—outside considerations or protection. Threats development that alter habitat suitable those currently occupied as well as that may require special management for A. c. var. notatior or affect the those occupied at the time of listing— considerations or protection of the natural hydrologic processes upon are necessary to ensure the conservation physical or biological features include: which it depends could threaten the of the species. We are not currently (1) Loss or degradation of native plant taxon. The physical or biological proposing to designate any areas outside communities, such as grassland, open features essential to the conservation of the geographical areas currently coastal sage scrub, and cismontane A. c. var. notatior may require special occupied by Allium munzii or Atriplex juniper woodlands, due to urban management considerations or coronata var. notatior because we development, agricultural activities, and protection to reduce or eliminate the consider those areas to be of sufficient clay mining (PCEs 1 and 2); following threats: quality, extent, and distribution to (2) Disturbance of clay or other (1) Loss of alkali vernal plain habitat provide for the conservation of these occupied soils by activities such as off- (i.e., alkali playa, alkali scrub, alkali taxa. We believe that the present quality road vehicles (ORV) and fire vernal pool, alkali annual grassland) habitat has, by survey, the demonstrated management (PCEs 1 and 2); and fragmentation as a result of capacity to support self-sustaining (3) Invasion of nonnative plant activities such as urban development, occurrences of these taxa and that these species (PCEs 1 and 2); and manure dumping, animal grazing, areas containing the physical or (4) Long-term threats including agricultural activities, ORV activity, biological features essential to the climatic variations such as extended weed abatement, and channelization conservation of the species are periods of drought (PCE 1) (63 FR (PCEs 1 and 2); dispersed in its range in a manner that 54982–54986, October 13, 1998; 69 FR (2) Indirect loss of habitat from the provides for the survival and recovery of 31571, June 4, 2004; 70 FR 33023, alteration of hydrology and floodplain these taxa. We are proposing to October 13, 2005; Service 2009, pp. 10– dynamics (diversions, channelization, designate as critical habitat some 22). excessive flooding) (PCEs 1 and 2); specific areas within the geographical

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range currently occupied by A. munzii, heavily disturbed and estimated up to and Domenigoni Hills regions. but that were not known to be occupied an 80 to 90 percent loss of potential A. Additionally, we believe this currently at the time of listing. However, based on munzii habitat in 1988. occupied habitat was occupied at the the best available scientific information, We conducted a spatial analysis using time of listing given the species’ the life history of the plant (see a GIS-based approach to determine the naturally discontinuous distribution Background section), and the limited percent of mapped clay soils (Altamont, and occupation of microhabitats; the survey efforts prior to listing, we believe Auld, Bosanko, Porterville) that were difficulty of accurately surveying for that these specific areas are within the converted or lost to agricultural or urban individual plants given the dormant geographical area occupied by the land uses in the Perris Basin (based on (underground) phase of its life cycle species at the time of listing. 2007 land use GIS data). This is a prior to detection; and its restriction to We reviewed the final critical habitat conservative approach given that small areas of clay soils in western designations for Allium munzii and smaller pockets of clay soils are not Riverside County within the designated Atriplex coronata var. notatior (70 FR shown on coarse-scale soil maps and units and subunits. 33015, June 7, 2005; 70 FR 59952, may have been lost since the completion For defining critical habitat units, we October 13, 2005, respectively), of the Riverside County soil map in looked at elevation (1,200 to 2,700 ft information from State, Federal, and 1971. We estimated that approximately (366 to 823 m) AMSL), soil types local government agencies, and from 32 percent of these clay soils remain (primarily clay soils), spatial academia and private organizations that within suitable Allium munzii habitats distribution of 17 CNDDB-defined EOs have collected scientific data on the (or a 67 percent loss) due to urban and from CNDDB (CNDDB 2011a), 1 location species. We also used the information agricultural development on plant identified by Ellstrand not included in provided in the 5-year reviews for A. communities associated with A. munzii, the CNDDB database (Ellstrand 1993, munzii and A. c. var. notatior (Service and includes both known and unknown 1994) (proposed EO 24, as mentioned in 2008; Service 2009). Other information locations of A. munzii populations. the Spatial Distribution, Historical we used for this proposed rule includes: Based on the narrow endemism of this Range, and Population Size section for CNDDB (CNDDB 2011a; CNDDB 2011b); species, its reliance on clay soil types Allium munzii), rare plant monitoring reports submitted during consultations that are limited in geographic range in survey results from Western Riverside under section 7 of the Act; analyses for western Riverside County, and our County Regional Conservation individual and regional HCPs where A. estimated loss of 67 percent of these Authority (RCA) (Western Riverside munzii and A. c. var. notatior are soils to urban or agricultural County RCA 2006, 2007, 2008, 2009, covered species; data collected from development, we believe that all of the 2010, and 2011), and other surveys. reports submitted by researchers units and subunits (as defined below To identify several unit and subunit holding recovery permits under section and in the Summary of Changes from boundaries for this proposed revised 10(a)(1)(A) of the Act; information Previously Designated Critical Habitat critical habitat, we consulted a species received from local species experts; section of this proposed rule) represent expert with considerable field published and unpublished papers, the present geographical area containing experience in surveying for Allium reports, academic theses, or surveys; the physical or biological features munzii. Given the difficulty in Geographic Information System (GIS) essential to the conservation of this observing individual plants due to the data (such as species population and species which may require special timing of inflorescence, stage of growth, location data, soil data, land use, management considerations or and large areal extent (as discussed in topography, aerial imagery, and protection. This designation includes 17 the Background section), Boyd (2011b, ownership maps); and correspondence of the CNDDB’s EOs described in the pers. comm.) recommended expanding with the Service from recognized Background section above. the area surrounding an observation of experts. We analyzed this information to We are proposing to designate as a location of plants (either a group or determine the specific areas within the critical habitat specific areas within the just a few individuals) to capture geographical area occupied by the taxa geographical area occupied by Allium additional individual plants that might at the time of listing that contain the munzii at the time of listing in 1998. not have been observed. Based on physical or biological features essential These specific areas include some areas extensive field experience to the conservation of A. munzii and A. within the present range of the species (approximately 30 years) with A. c. var. notatior. that had not yet been identified as munzii, Boyd (2011b, pers. comm.) occupied at the time of listing. We have recommended including a 100-m (328- Allium munzii determined that these areas are within ft) roughly circular area (or 50-m (164- Allium munzii occurs in relatively the geographical area occupied by A. ft) radius) to define the unit or subunit small population sizes, has a narrow munzii at the time of listing based on boundaries. Because A. munzii is geographic range (western Riverside the species life history and habitat strongly associated with clay soils County), and exhibits high habitat requirements (see Background section (which are often found as pockets of specificity, all of which make it above) and the following: (1) Locations small scattered (but discrete) clay lenses vulnerable to land use changes. of plants reported or detected since that are typically too small to be According to the Western Riverside listing in 1998 are in close proximity identified on coarse-soil soil maps (see County MSHCP, A. munzii is (less than 1 mi (1.5 km)) to previously the Habitat and Soil Preferences section considered a narrow endemic plant known locations and, (2) of the 10 new for A. munzii above)), we used Boyd’s species, a plant species that is highly CNDDB-defined EOs reported since recommendation of expanding the restricted by its habitat affinities, early 1980s surveys by Boyd (1988), 6 boundaries of observed plant locations edaphic requirements, or other are within previous known occupied to capture unobserved individuals in ecological factors (Dudek and Associates geographic regions of the greater Perris defining critical habitat units and 2003, pp. Def/Acr-ix and 6–28). Based Basin (Temescal Canyon-Gavilan Hills/ subunits. Specifically, we used the Soil on examination of soil maps for western Plateau, Murrieta-Hot Springs areas) and Conservation Service (now Natural Riverside County, Boyd (1988, p. 2) the other 4 locations were found after Resources Conservation Service) soil concluded that much of the scattered surveys in the early 1990s within the mapping unit (2.47 ac or 1 ha) to refine clay soil areas in the Perris Basin were Elsinore Peak (Santa Ana Mountains) Boyd’s recommended radius of 164 to

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183 ft (50 to 56 m). The 183-ft (56-m) Atriplex coronata var. notatior above). Based on this analysis we radial distance translates into a 2.43-ac Atriplex coronata var. notatior is defined the following three units: (1) (0.98-ha) area, which is approximately endemic to the San Jacinto, Perris, Floodplain of the San Jacinto River from equal to the soil mapping unit of 2.47 Menifee, and Elsinore Valleys of the San Jacinto Wildlife Area (including ac (1 ha). This methodology accounts for western lowland Riverside County, and Mystic Lake) to Railroad Canyon both potentially unobserved plants is restricted to highly alkaline, silty-clay Reservoir, (2) Upper Salt Creek, and (3) associated with CNDDB-defined EOs in soils (59 FR 64813; December 15, 1994). Alberhill Creek. All units are within the areas of clay or rocky-sandy loam soils At the time of listing, 12 populations of present geographical range of the taxon as well as encompassing the unmapped A. c. var. notatior were known and are currently occupied. pockets of clay soil. In conjunction with (corresponding to the CNDDB EOs at the Other Factors Involved With Delineating the reported EOs, survey reports, and time), 11 of which were associated with Critical Habitat aerial photographs, this approach two general locations (the San Jacinto When determining proposed revised represents the best available information and Old Salt Creek floodplains). We critical habitat boundaries, we made regarding areas currently occupied by A. have grouped the 12 CNDDB EOs and every effort to avoid including munzii and that contain the physical or results from other surveys into four developed areas such as lands covered biological features essential to the general locations (described below) and by buildings, pavement, and other conservation of the species and developed boundaries for three critical structures because these lands lack therefore accurately defines the unit and habitat units based on the geographic physical or biological features necessary subunit polygons. locations of observed plants. for Allium munzii and Atriplex coronata The following sources were used to All of the units (as defined below and var. notatior. The scale of the maps we define microhabitats (i.e., depressional in the Summary of Changes from prepared under the parameters for areas that retain moisture) for Allium Previously Designated Critical Habitat publication within the Code of Federal munzii, which included using section) are within the geographical area Regulations may not reflect the underlying geology, slope, and aspect of occupied by Atriplex coronata var. exclusion of such developed lands. Any hillsides within open areas of native notatior at the time of listing. These such lands inadvertently left inside and nonnative plant communities: units contain the physical or biological critical habitat boundaries shown on the features that are essential to the (1) For evaluating microtopography, maps of this proposed rule have been conservation of this taxon and may including slope, aspect, and elevation, excluded by text in the proposed rule require special management we used: (a) Digital elevation model and are not proposed for designation as considerations or protection. (DEM) data from U.S. Geological critical habitat. Therefore, if the critical Survey’s (USGS) EROS Data Center, and Atriplex coronata var. notatior is known from four general locations in habitat is finalized as proposed, a (b) USGS 1:24,000 digital raster graphics Federal action involving these lands (USGS topographic maps). western Riverside County, as previously identified in the 2004 proposed critical would not trigger section 7 consultation (2) For evaluating vegetative with respect to critical habitat and the communities, spatial arrangement of habitat rule (69 FR 59844; October 6, 2004). All three units proposed as requirement of no adverse modification these communities, and presence of unless the specific action may affect the disturbance or development, we used: critical habitat encompass these four areas and are within the geographical adjacent critical habitat. (1) U.S. Department of Agriculture We are proposing for designation of area occupied by the taxon at the time (USDA) National Agriculture Imagery critical habitat lands that we have of listing. This range includes records of Program (NAIP) aerial photography for determined are within the geographical 15 EOs now recorded in the CNDDB 2010, and (b) ArcGIS online I3 Imagery areas occupied by these taxa at the time database (CNDDB 2011b) and other Prime World 2D), validating of listing and contain sufficient survey data. To define critical habitat conclusions made from examining these elements of physical or biological units, we examined the following two satellite imagery data layers using features to support life-history processes high resolution Google Earth imagery. information: (1) Slow-draining alkali soils essential for the conservation of the (3) For subsurface geology, we used (Willows, Domino, Traver, Waukena, taxa. For Allium munzii, our proposed the USGS GIS layer of the Preliminary and Chino soil series) with low revision includes extant locations of Digital Geologic Map of the Santa Ana, permeability. plants not known at the time of listing, 1:100,000 quadrangle (USGS 2004). (2) Seasonal and large-scale flood but that are within the geographical area We acknowledge that the extent of the events (or ponded water) and occupied at the time of listing. All units geographic areas surveyed and the subsequent scouring to create bare soils, contain the physical or biological survey methodologies may differ within as illustrated in historical aerial features that are essential to the and among the recorded plant locations photographs. conservation of these taxa and may from year to year (see discussion (3) Spatial distribution of the EOs require special management regarding the detectability of this recorded in the CNDDB database considerations or protection. species in the Background section (CNDDB 2011b), and Summary of Changes From Previously above). Based on our GIS analysis, the (4) Plant monitoring survey results Designated Critical Habitat 5 units, further divided into 13 from Western Riverside County RCA subunits, we propose as critical habitat (2007, 2008, 2009, 2010, and 2011) and Allium munzii are as follows: (1) Gavilan Hills (6 other surveys. The areas identified in this proposed subunits), (2) Temescal Valley (4 We recognize that the geographic rule constitute a proposed revision to subunits), (3) Elsinore Peak, (4) South extent surveyed and survey the critical habitat rule for Allium Perris-Bachelor Mountain (3 subunits), methodologies may differ within and munzii published on June 7, 2005 (70 and (5) North Domenigoni Hills. All among the locations of individual or FR 33015) based on the following units and subunits are within the groups of plants from year to year (see principles: present geographical range of the discussion regarding the detectability of (1) We refined our method identifying species and are currently occupied. this species in Background section the locations of Allium munzii and the

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PCEs within those locations to more Riverside County RCA 2005, 2008) and with A. coronata var. notatior soil accurately reflect the physical or Rancho Santa Ana Botanical Garden preferences (soil maps from Knecht biological features that are essential to (Boyd 2011c, pers. comm.). Using the 1971). In doing so, we also removed the conservation of A. munzii. We 183-ft (56-m) radius discussed above, areas of urban or otherwise developed consolidated the PCEs to identify the we delineated units and subunits. lands in all these areas. In addition, primary element and then listed the (2) We combined one or both of the areas identified as ‘‘Right-of-Way’’ in related supporting components of that CNDDB EO spatial datasets with GIS- the most current parcel database element. Specifically, we reviewed the based maps of Porterville clay soils or available from the Riverside County CNDDB EO reports and other survey other clay soil types to create the units Assessor’s Office were classified as reports to define PCEs that reflect the and subunits using the 183-ft (56-m) either local land or State land physical and ecological characteristics boundary, and we incorporated recent depending on whether they were found within the range of the CNDDB- survey data. located adjacent to local roadways or defined EOs. This resulted in removing (3) For a few of the smaller subunits Federal highways under State control. defined by point locations of small the previous PCE listed as alluvial soil (3) We identified several areas we are series and reclassifying the locations of numbers of individual plants, we used considering for exclusion from the final plants (with one exception) into their CNDDB’s previously defined 262-ft (80- revised critical habitat designation appropriate clay soil associations. m) radius polygon to determine the under section 4(b)(2) of the Act. (2) We improved our mapping subunit boundary (CNDDB 2011a). methodology to more accurately define (4) We also identified several areas we Exclusions in our upcoming final the critical habitat boundaries and to are considering for exclusion from the revised critical habitat designation may better represent those areas that possess final revised critical habitat designation differ from the exclusions we made in the physical or biological features under section 4(b)(2) of the Act. the 2005 final critical habitat essential to the conservation of Allium Exclusions in our upcoming final rule designation. munzii using soils, elevation, and may differ from the exclusions we made (4) We revised the previous critical spatial configuration known from the in the 2005 final critical habitat habitat units based on surveyed most recent occurrence information. In designation. locations (or localities) of Atriplex this rule, we have grouped locations of coronata var. notatior as described A. munzii plants into critical habitat Atriplex coronata var. notatior above. As discussed above, we have units and subunits and labeled each The areas identified in this proposed grouped locations of A. coronata var. grouping as an occurrence; this is rule constitute a proposed revision to notatior plants into four general different than the term ‘‘Element the critical habitat designated for geographical areas and delineated these Occurrence’’ used by CNDDB. As noted Atriplex coronata var. notatior as our three critical habitat units. This earlier, not all survey reports are published on October 13, 2005 (70 FR delineation includes the EOs defined by included in the CNDDB database, 59952). The differences are as follows: CNDDB and locations of individual particularly recent surveys, nor are the (1) We refined the PCEs to more plants reported from other surveys. boundaries defined by CNDDB precise accurately describe the physical or in location (some were recorded prior to biological features essential to the Proposed Revised Critical Habitat Global Positioning System (GPS) conservation of Atriplex coronata var. Designation technology or with older and less notatior. We consolidated the PCEs to Allium munzii accurate GPS units); thus, for the identify the primary element and purposes of defining units and subunits relevant factors to that element based on We are proposing approximately 889 in this proposed rule, the polygons and review of the CNDDB database and ac (360 ha) in 5 units containing 13 point locations defined by CNDDB may recorded EOs. subunits as critical habitat for Allium not encompass all of the physical or (2) We improved our mapping munzii. The areas we describe below biological features essential to the methodology to more accurately define constitute our current best assessment of conservation of the species. the critical habitat boundaries and to areas that meet the definition of critical The areas identified in this proposed better represent those areas that possess habitat for A. munzii. The units and rule constitute a proposed revision to the physical or biological features subunits we propose as critical habitat the critical habitat units designated for essential to the conservation of Atriplex are: (1) Gavilan Hills (Unit 1; 6 Allium munzii published on June 7, coronata var. notatior using soils, subunits), (2) Temescal Valley (Unit 2; 2005 (70 FR 33015). The differences in elevation, and spatial configuration 4 subunits), (3) Elsinore Peak (Unit 3), these areas resulted from using the based on updated plant location (4) South Perris and Bachelor Mountain following methods: information. We delineated boundaries (Unit 4; 3 subunits), and (5) North (1) We combined the EO data using an intersection of seasonal Domenigoni Hills (Unit 5). The recorded in the CNDDB database ponding or flooding (and resulting bare approximate area of proposed revised (CNDDB 2011a) with 2005 to 2011 soils), as observed in historical and critical habitat and land ownership survey results from the Western recent aerial photographs (Riverside within the units and subunits is shown Riverside County Resource County Flood Control District photos in Table 1 below. Conservation Agency (RCA) (Western from 1962, 1974, 1978, 1980, and 2010), BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C Unit 1: Gavilan Hills northwestern edge of the Perris Basin, northeast of the Santa Ana Mountains in Unit 1 consists of 114.7 ac (46.4 ha). western Riverside County. This unit The Gavilan Hills Unit is located at the

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includes six occupied subunits within Bureau of Land Management (BLM) 1998 (CNDDB 2011a). Mineral-rich clay upland areas west of State Highway 74, located within the Riverside County soils within grassland and other native south of Cajalco Road, and northeast of Habitat Conservation Agency’s vegetative communities (PCE 1) in this Interstate 15, all of which are within the Stephens’ Kangaroo Rat Core Reserve. subunit provide the physical or geographical area occupied at the time Collectively, these lands comprise the biological features that are essential to of listing and which contain the existing Lake Mathews/Estelle the conservation of this species. physical or biological features essential Mountain Existing Core ‘‘C’’ area of the to the conservation of the species. The Western Riverside County MSHCP Subunit 1D: Ida-Leona Gavilan Hills region is geologically and (Service 2004, p. 65). Management of The Ida-Leona subunit (4.5 acres (1.8 topographically diverse with many soil the reserve focuses largely on the ha)) is located about 0.5 mi (0.8 km) east types. Clay soil series occupied by Stephens’ kangaroo rat (Dipodomys of the Ida-Leona mine on land occupied Allium munzii in the Gavilan Hills Unit stephensi) and coastal California by a private residence. In 1999, one year include Bosanko, Altamont, and gnatcatcher (Polioptila californica after listing, a total of 12 plants were Porterville; however, small pockets of californica). The reserve is not open to recorded from 2 locations at an clay (less than 2.47 ac (1 ha)) are often the public for recreational use, but is elevation of 2,223 ft (677 m) within a not indicated on soil maps (Boyd 1983, subject to grazing, illegal dumping, and coastal sage scrub-nonnative grass plant p. 19). The elevational range of the five ORVs. association (Greene 1999, pers. comm.). subunits is 1,547 ft (472 m) to 2,632 ft This subunit contains clay soils (not Although this subunit was not known to (802 m) AMSL. Vegetation of the illustrated on coarse-scale soils map) on be occupied at the time of listing in Gavilan Hills region is a complex cobble deposits in a small drainage, 1998, we believe it was occupied in association of scrub, woodland, and which creates the space and 1998 because, as discussed in grass communities, including annual microhabitat (PCE 1) that meets the Background section, it takes at least 3 grasslands characterized by invasive habitat needs for Allium munzii and years after seed germination for this nonnative plants in those areas where comprises the physical or biological bulb-forming plant to produce flowers native communities have been heavily features essential to the conservation of (Wall 2012, pers. comm.). This location disturbed (Boyd 1983, pp. 32–33). the species. was surveyed specifically for A. munzii Threats identified for the Gavilan Hills Subunit 1B: Dawson Canyon by a qualified botanist in April 1999, Unit include invasive nonnative plants, The Dawson Canyon subunit (4.8 ac less than 1 year after listing; 12 road construction and urban flowering plants were found in 2 development, grazing, ORV activity, (1.9 ha)) is located on private land to the east of Estelle Mountain. This locations (Greene 1999, pers. comm.); illegal dumping, and mowing for fire thus, based on its biology (growth abatement. Therefore, the features occurrence, with a significant number of plants (more than 1,000) seen in 1986, timeframe) as described above, plants essential to the conservation of the would have been present in 1998. species in this unit may require special has been described as scattered stands of Allium munzii within grassy flats and Additionally, as discussed in the management considerations or Background section, Allium munzii is protection to minimize impacts slopes containing clay soils on cobble deposits (CNDDB 2011a, EO 5). This often difficult to observe in the field resulting from these threats (see Special (e.g., plants are dormant from mid- Management Considerations or subunit contains clay soils, sloping topography, and subsurface geology summer through autumn) and is easily Protection section above). overlooked without site-specific surveys Within the Gavilan Hills Unit, we are (PCE 1) that provide substrate and during ideal conditions for its life considering excluding all subunits conditions suitable for the persistence of history. within the planning area of the Western A. munzii and comprise the physical or Riverside County MSHCP and the Lake biological features essential to the The populations of A. munzii at this Mathews MSHCP under section 4(b)(2) conservation of the species. This location are on the north-facing slope of of the Act (see Exclusions section). subunit is subject to threats related to a hillside, range in elevation between road development and invasive, 1,200 to 2,700 ft (366 to 823 m) AMSL, Subunit 1A: Estelle Mountain nonnative plants (CNDDB 2011a). and in a small drainage (mesic The Estelle Mountain subunit (2.8 ac microhabitat) within native (sage scrub) (1.1 ha)) is located within native and Subunit 1C: Gavilan Plateau and nonnative (grasses) habitat. The nonnative grassland habitat within the The Gavilan Plateau subunit (42.2 ac surveyed population was reported to be Lake Mathews/Estelle Mountain Reserve (17 ha)), bisected by a road, is located approximately 600 ft (183 m) from the (2.3 ac (0.9 ha)) and on private land within Harford Springs County Park nearest residence. Although the owners (0.48 ac (0.2 ha)). The Lake Mathews (north of Ida-Leona Road) and on at the time of the survey indicated that Multiple Species Habitat Conservation private land (south of Ida-Leona Road) they did not intend to develop the Plan/Natural Communities Conservation in grassy openings on clay soils. drainage where the species was located Plan (Lake Mathews MSHCP) assisted in Populations of Allium munzii exceeded (Greene 1999, pers. comm.), potential establishing this multi-jurisdictional 5,000 plants at both locations in the threats for this subunit include reserve encompassing over 12,000 ac early 1990s (CNDDB 2011a, EO 2). The nonnative grasses and mowing for fire (4,856 ha) and managed for multiple private land portion of this subunit has abatement. The location is mapped as species use, including Allium munzii, in been disked in the past and is Lodo rocky loam, a weathered, medium- western Riverside County. The threatened by urban development textured soil, at 8 to 25 percent slope, combined reserve is composed of a (CNDDB 2011a). Several locations of A. consisting of a relatively even mixture Multiple Species Reserve that consists munzii, with small numbers of of sand, silt, and clay, with rock of the existing State Ecological Reserve individual plants, were found on clay outcrops (PCE 2) (Knecht 1971, p. 43). and the Lake Mathews HCP Mitigation soils within the County Park in surveys This subunit contains the physical or Bank, Lake Mathews/Estelle Mountain conducted by Western Riverside County biological features essential to the Core Stephens’ Kangaroo Rat Reserve, RCA in 2005 and 2008 (Drennen 2011, conservation of this species including the Estelle Mountain Ecological Reserve pers. comm.). The southern portion of substrate components and conditions owned by CDFG, and land owned by the this subunit has not been surveyed since suitable for growth.

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Subunit 1E: Northeast Alberhill Temescal Wash, which drains the later transplanted to three areas that are The Northeast Alberhill subunit (58 Gavilan Hills region and the contained within this subunit. ac (23.5 ha)) is found on open grassland, northeastern slope of the Santa Ana Transplantations were conducted in upslope of previously proposed Mountains (Boyd 1983, p. 13). This unit 2004, 2008, and 2009 with over 525 developments and clay mining contains unique physical geographic bulbs installed in the conservation areas features, including escarpments (Helix Environmental Planning 2010, operations (CNDDB 2011a, EO 16). (canyons), found along the Temescal pp. 3–5). In November 2010, 310 Several colonies were mapped in Wash. These escarpments are formed additional bulbs were installed in four surveys in 1993 and 2003, with about through erosional processes and the new plots bringing the transplant total 3,000 plants observed in 2003 (CNDDB progressive elevation of the Santa Ana to 820 bulbs for this site (Helix 2011a EO 16). This occurrence was Mountains; thus, they represent one of Environmental Planning 2010, pp. 5, surveyed again in April 2011 and 25– several distinct land forms within the 13). In the spring of 2011, 678 plants (83 100 plants were found; however, the Perris Basin, which has a complex percent) produced leaves, 533 (65 population may have been larger than geological history (reviewed by Dudley percent) produced flowers, and 205 (25 reported as the buds were difficult to 1936). The so-called Alberhill clays percent) produced seeds (Helix detect due to the early timing of the where Allium munzii is found in the Environmental Planning 2011, p. 13). survey (Drennen 2011, pers. comm.). Temescal Valley Unit are considered The Army Corps of Engineers Clean Potential threats to this subunit include one of the earliest sediments in the Water Act section 404 permit conditions nonnative grasses and road construction Perris Basin and are found on sloping and conservation measures established (CNDDB 2011a EO 16). The physical surfaces of an ancient valley wall in the Service’s biological opinion for components of this location (i.e., (Dudley 1936, p. 377). Threats identified the Sycamore Creek Project (Service elevation range 1,706 ft to 2,325 ft (520 for the Temescal Valley Unit include 2001a, p. 10) also require maintenance to 709 m) AMSL, sloping hillside) nonnative plants, urban development and monitoring of the transplant areas within spaces of open grassland and related infrastructure, and grazing. and restoration of Riversidean sage (microhabitat) on clay soils (PCE 1) Therefore, the features essential to the scrub habitat supporting A. munzii; provide the physical or biological conservation of the species in this unit these are included as part of the Habitat features essential to the conservation of may require special management Mitigation and Monitoring Plan for the Allium munzii. considerations or protection to Sycamore Creek Specific Plan (The Subunit 1F: North Peak minimize impacts resulting from these Planning Associates 2002). Nonnative threats (see Special Management plants represent a threat at this subunit. The North Peak subunit (2.4 ac (1.0 Considerations or Protection section In 2011, invasive plant control ha)) is located at the southern end of the above). (weeding, spot spraying) was conducted Gavilan Hills unit within the North Peak Within the Temescal Valley Unit, we as part of required maintenance Conservation Bank. Several thousand are considering excluding all subunits activities (Helix Environmental Allium munzii plants were found in contained within the Western Riverside Planning 2011, p. 10). The subsurface coastal sage scrub habitat in 1993 County MSHCP planning area under geology, clay soils, and native habitat (CNDDB 2011a, EO 15). In 1995, an section 4(b)(2) of the Act (see Exclusions (PCE 1) within the onsite conservation estimated 6,800 plants were located at section). areas comprise the physical or the base of a north-facing slope above a biological features essential to the Subunit 2A: Sycamore Creek drainage area (Michael Brandman conservation of A. munzii. Associates 1995, p. 3). A survey The Sycamore Creek Subunit (also conducted in the spring of 2008 known as Indian Truck Trail, north and Subunit 2B: De Palma Road recorded an estimated 400 plants south) is 12.3 ac (5 ha) in area, and was The De Palma Road subunit (12.8 ac growing on a north-facing slope, just historically associated with Allium (5.2 ha)) is located about 1 mi (1.6 km) upslope (approximately 328 ft (100 m)) munzii populations located on a terrace southeast of the Sycamore Creek subunit from the drainage area (Drennen 2011, escarpment, within grassland habitat on along Temescal Wash. This occurrence pers. comm.). These physical or clay soil overlying cobbles (Boyd 1988, of Allium munzii is found on Altamont biological features, space and substrate p. 4; CNDDB 2011a, EO 3). This location clay soils with 15 to 25 percent slopes for growth and local microhabitat (slope is believed to have contained the type within nonnative grasses and sage scrub and location within a drainage area) locality collected by Munz in 1922 vegetation (Dudek 2011, p. 2). Grazing, (PCE 2), provide habitat features (CNDDB 2011a). displacement by nonnative invasive essential to the conservation of A. This subunit previously contained plants, and development pressures have munzii. Nonnative grasses are CNDDB EO 8, which was extirpated been previously described (CNDDB considered a threat to A. munzii at this when Allium munzii bulbs were 2011a, EO 7) as threats to this location; individual plants in this removed from areas proposed for population given its close proximity to subunit were found to be more development of a residential complex Interstate 15. As a result of proposed abundant in areas with less nonnative (Sycamore Creek Project), and is now grading improvements to De Palma grasses (Drennen 2011, pers. comm.). combined with EO 3 (CNDDB 2011a). A Road and a proposed Saddleback Estates portion of the original population of A. residential development, a salvage and Unit 2: Temescal Valley munzii was preserved onsite and was relocation operation was implemented Unit 2 consists of 481 ac (195 ha) placed within a conservation easement; in December 2007 for locations of A. located within the geographical area additional clay soils were relocated to munzii to be impacted by the grading occupied at the time of listing and all this easement area and another planning footprint of the project (Dudek 2011, p. subunits contain the features essential area for the purpose of restoring A. v). The proposed conservation area to the conservation of the species. The munzii habitat within Riversidean sage (containing three separate preserves) Temescal Valley Unit is located along scrub habitat (Service 2001a, p. 10; was designed to encompass most of the Interstate 15 at the base of the Gavilan Helix Environmental Planning 2010, p. existing A. munzii plants, while Hills in western Riverside County. The 2). Allium munzii bulbs removed from individual plants outside the preserve Temescal Valley unit contains the areas proposed for development were areas were translocated onto a portion of

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the preserve not known to support this by a qualified botanist in April 1999, rule (70 FR 33015; June 7, 2005). About taxon (Dudek 2011, p. 2). Subsequent to less than 1 year after listing; 12 two-thirds (63.1 ac (25.5 ha)) of the translocation, a maintenance and flowering plants were found in 2 Elsinore Peak unit is contained within monitoring program was initiated. The locations (Greene 1999, pers. comm.); the Cleveland National Forest, and 35.3 2010 survey found a total of 1,195 thus, based on its biology (growth ac (14.3 ha) is under State of California flowering individuals within the timeframe) as described above, plants (State Lands Commission) ownership translocation area, and maintenance would have been present in 1998. within the Western Riverside County activities were conducted including Additionally, as discussed in the MSHCP Conservation Area. The unit weed and rodent control (Dudek 2011, Background section, Allium munzii is was surveyed by Western Riverside RCA pp. v–vi). A conservation easement was often difficult to observe in the field in 2005 and 2008 (Drennen 2011, pers. to be placed over the proposed preserve (e.g., plants are dormant from mid- comm.) and more comprehensively by areas; however, the proposed summer through autumn) and is easily Boyd in 2010 (Boyd 2011c, pers. development did not go forward and overlooked without site-specific surveys comm.). Riverside County is currently managing during ideal conditions for its life The Elsinore Peak unit represents the the area until the disposition of the history. southwesternmost extent of the range of parcel is finalized. Allium munzii. Many of the occurrences This subunit includes Altamont clay Subunit 2D: Alberhill Creek found on the Cleveland National Forest soils within the terrace escarpments on The Alberhill Creek (Alberhill Marsh) within this unit are considered to be the the west side of Temescal Wash. This subunit (155.3 ac (62.8 ha)) is located on least disturbed and the highest recorded physiographic setting containing the private land in a grassland (native and elevation (3,300 to 3,500 ft (1 to 1.07 substrate components (Altamont clay nonnative) community on a low hill km)) for this species (Boyd and Mistretta soils) and suitable conditions adjacent to a channel of the Temescal 1991, p. 3). The plant populations (vegetation and microhabitat) (PCE 1) Wash (CNDDB 2011a, EO 18). The within this unit are also unusual in that for the growth of Allium munzii CNDDB EO was discovered on clay soils they are found on cobble deposits with provides the physical or biological in 2000; however, we believe it was thinner Bosanko clay soils (PCE 2) features essential to the conservation of occupied at the time of listing given: (1) (Boyd and Mistretta 1991, p. 3). In 1991, this species. The proximity and identical clay soil Boyd and Mistretta (1991, p. 2) reported association with the larger Subunit 2C, three stands of A. munzii at Elsinore Subunit 2C: Alberhill Mountain which is located less than 1 mi (1.6 km) Peak of more than 1,000 individual The Alberhill Mountain subunit is to the northwest, and (2) as discussed in plants, with the largest an estimated 300.5 ac (121.6 ha) of private land. the Background section, this bulb- 5,000 plants. Nine localities were Allium munzii occurs on clay soils in forming plant requires at least 3 years to observed in a 2008 survey, with coastal sage scrub vegetation on the produce flowers from seed. Thus, for populations ranging from 5 to 100 south slope directly adjacent to open pit flowering plants to be observed 2 years plants (Drennen 2011, pers. comm.). A clay mines (CNDDB 2011a, EO 6). after listing, we believe that plants in 2010 survey at Elsinore Peak was Extensive mining of clay in the early the form of bulbs were present in this conducted by Boyd with approximately 1980s resulted in the loss of two subunit at the time of listing. In 23 general point localities recorded on locations of plants (CNDDB 2011a), and addition, all of the lands within this both U.S. Forest Service (USFS) and Boyd (Boyd 1988, p. 2) speculated that subunit are located on the clay soils to State lands (Boyd 2011c, pers. comm.). the plant population in this area was which this species is restricted in The subsurface and surface elements once much larger. Surveys conducted by western Riverside County. As described that define this subunit, including clay Western Riverside County RCA in 2008 above (Subunit 2C), a segment of an soils, sloping hillsides, and recorded 9 localities ranging from 10 to electrical subtransmission line is microhabitats, provide the physical or 150 plants (Drennen 2011, pers. comm.). proposed for this location. Other threats biological features essential to the Threats to this subunit include a to this subunit have not been conservation of A. munzii. planned electrical subtransmission line documented, but its proximity to Several threats to Allium munzii and related infrastructure (power poles, Interstate 15 and associated populations within this unit were equipment, construction impacts) (State development indicates some degree of identified at the time of listing, of California Public Utilities threat from urbanization and nonnative including road grading, ORV activity, Commission 2010). Potential impacts grasses. and nonnative annual grasses; will vary depending on the exact route Subunit 2D is part of the same terrace recreational activity and invasive selected (AMEC Earth and formation as the Alberhill Mountain species were identified as the two main Environmental Inc. 2006a, p. 2). subunit, and contains the mineral-rich threats to occurrences on USFS land in This subunit contains Altamont clay clay soils, subsurface geology and the 2005 Final Environmental Impact soils (PCE 1) necessary for the growth of surface hydrology, and topography Statement prepared for the Cleveland Allium munzii. The minerals and components (PCE 1) that provide the National Forest Land Management Plan unique properties of this clay soil physical or biological features essential (USFS 2005, p. 160). A species provide the physical or biological to the conservation of this species. management guide for A. munzii was features essential to the conservation of prepared in 1992 that identified a the species. Unit 3: Elsinore Peak number of management actions to help Although this subunit was not known Unit 3 consists of 98.4 ac (39.8 ha). alleviate these threats, including to be occupied at the time of listing in This unit location is unchanged from construction of fencing and barriers to 1998, we believe it was occupied in our previous proposed critical habitat protect populations from ORV activity 1998 because, as discussed in rule (69 FR 31569; June 4, 2004) and (Winter 1992, p. 10). Fencing, including Background section, it takes at least 3 was occupied at the time of listing; a gate, was installed to protect plant years after seed germination for this however, we have redefined the populations, and boulders were placed bulb-forming plant to produce flowers boundary of this unit to better match the along the roadway leading to Elsinore (Wall 2012, pers. comm.). This location underlying clay soils and plant Peak to restrict ORV activity and other was surveyed specifically for A. munzii populations observed since the final traffic (hikers and mountain bikers) in

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sensitive areas. This has reduced the appropriate elevation range (PCE 1) that spp. and Brassica spp. (CNDDB 2011a level of impact from these threats to the provide substrate and conditions EO 11). The substrate components and population of A. munzii plants located suitable for growth of this species. mineral-rich soils, conditions suitable on USFS land in this unit (Thomas The subunit is currently located for the growth of A. munzii (PCE 1), 2011, pers. comm.). partially on land purchased by the comprise the physical or biological Western Riverside County RCA as a features essential to the conservation of Unit 4: South Perris and Bachelor result of a conservation measure for a this species. Mountain subdivision development (Service 2002, All three of the CNDDB EOs located Unit 4 consists of 186.8 ac (75.6 ha) p. 2) and partially within an off-site within this subunit are within the and is defined by occurrences of Allium preservation area resulting from a gas Southwestern Riverside County munzii found in the southern end of the pipeline project (Service 2001b, p. 35). Multiple Species Reserve (Reserve), a Perris Basin, including Bachelor Public/Quasi Public land designation of Subunit 4B: Skunk Hollow Mountain north of Lake Skinner. We are the Western Riverside County MSHCP, proposing three subunits within this The Skunk Hollow Subunit is 74.8 ac managed by Riverside County Parks. unit based on their general proximity to (30.3 ha) and is located east of Murrieta The Reserve encompasses coastal sage one another in southwestern Riverside Hot Springs at the southern end of the scrub, chaparral, grassland, oak County. All subunits within this unit Perris Basin, just south of Tucalota woodland, and riparian forest vegetative are within the geographical area Creek. This occurrence is located on communities between Lake Skinner and occupied at the time of listing and north-facing slopes with clay soils, Diamond Valley Lake (Monroe et al. occupy clay soils at elevations ranging within grassy openings in coastal sage 1992, p. ES–5). from 1,420 to 2,300 ft (432 to 701 m) scrub (CNDDB 2011a, EO 4) at AMSL (Ellstrand 1996, p. 4; CNDDB approximately 1,420 ft (433 m) AMSL Unit 5: North Domenigoni Hills 2011a, EOs 4, 11, 12, and 14) and (PCE 1). These substrate conditions, Unit 5 consists of 8.2 ac (3.3 ha) and contain the physical or biological suitable for growth and development, is occupied by Allium munzii north of features that are essential to the comprise the physical or biological Diamond Valley Lake, in the conservation of the species and may features essential to the conservation of southeastern corner of the Perris Basin. require special management this species. This population is located on rocky considerations or protection to A 1995 survey recorded a population loam soils on the northeast-facing slope minimize impacts from threats of about 250 plants prior to the of a large prominent peak (2,160 ft (658 described below for each subunit. construction of an adjacent residential m)) of igneous rocks (CNDDB 2011a, EO We are considering excluding development (McCollum Associates et 10). Previously described threats for this subunits of the South Perris and al. 1995, p. 21). The area occupied by unit (CNDDB 2011a) include mining Bachelor Mountain Unit that are within Allium munzii is currently conserved, activities (the 1991 mapped populations the planning areas of the Western with long-term management provided were located adjacent to an old quarry). Riverside County MSHCP, the Rancho under the Rancho Bella Vista HCP The most recent survey result for this Bella Vista HCP, or the Southwestern within a conservation area (Service occurrence is from 2008, which Riverside County Multi-species Reserve 2000, pp. 4, 36). described the populations of A. munzii from the final designation of Allium Subunit 4C: Bachelor Mountain as ‘‘locally uncommon’’ in openings of munzii critical habitat under section coastal sage scrub (Drennan 2011, pers. 4(b)(2) of the Act (see Exclusions The Bachelor Mountain subunit (79.3 comm.). The underlying geology, soils, section). ac (32.1 ha)) consists of three and elevation (PCE 2) provide elements occurrences (EOs 11, 12, and proposed Subunit 4A: Scott Road suitable for the growth of A. munzii and EO 24) of Allium munzii located north physical or biological features essential The Scott Road subunit (32.6 ac (13.2 of Lake Skinner, which includes two to the conservation of this species. ha)) is in the Paloma Valley of the South occurrences known at the time of listing These features may require special Perris Basin, between Sun City and and one occurrence not known at listing management considerations or Murrieta, east of Interstate 215 at an (and not yet assigned an EO number by protection to minimize impacts elevation of about 1,500 ft (457 m) CNDDB) but described in surveys resulting from potential threats such as AMSL. The habitat for this occurrence conducted prior to listing that were not invasive nonnative species. was described in 1992 as a low knoll in known to the Service at the time of The North Domenigoni Hills Unit rocky clay soil within native grassland listing (69 plants in 1994 and 835 plants occurs within the planning area of the and patches of coastal sage scrub in 1995) (Ellstrand 1994, pp. 3–4; Southwestern Riverside County Multi- (CNDDB 2011a, EO 14). This occurrence Ellstrand 1996, pp. 3–4). Therefore, all species Reserve and is managed by (also called McElhinney-Stimmel) was of Subunit 4C is within the geographical Riverside County Parks. We are surveyed in 2008 and 2011 by Western area occupied at the time of listing. The considering excluding this unit under Riverside RCA with five localities three occurrences are located on clay section 4(b)(2) of the Act (see Exclusions reported in 2008 and one in 2011 soils ranging in elevation from 1,476 to section). (Drennen 2011, pers. comm.). In 2008, 2292 ft (450 to 699 m) AMSL, on sloping Allium munzii was observed growing in hills that, collectively, represent one of Atriplex coronata var. notatior openings of dense stands of invasive several distinct physio-geographic We are proposing three units as grass (Avena sp.) alongside native features found in the Perris Basin. critical habitat for Atriplex coronata var. grassland and coastal sage scrub Surveys in the southern part of this notatior. The areas we describe below (Drennen 2011, pers. comm.). Nonnative subunit were conducted in 2008 and constitute our current best assessment of plants are considered a potential threat 2010. Plants were found primarily on areas that meet the definition of critical to this subunit. This subunit contains north-facing slopes in both native and habitat for A. c. var. notatior. The units the physical or biological features nonnative grassland communities we propose as critical habitat are: (1) essential to the conservation of A. (Drennen 2011, pers. comm.). Threats to San Jacinto River (Unit 1), (2) Upper munzii including clay soils and open this subunit include thatch build-up Salt Creek (Unit 2), and (3) Alberhill patches of native habitat at the from herbaceous plants including Avena Creek (Unit 3). The approximate area of

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proposed revised critical habitat and land ownership within these units is shown in Table 2 below.

Unit 1: San Jacinto River increased in recent years as smaller flow unit is within the geographical area events have caused failure of the occupied at the time of listing, and the Unit 1 includes the locations of Diversion Channel levees and flooding physical or biological features essential Atriplex coronata var. notatior within of agricultural lands in the San Jacinto to the conservation of the taxon may the floodplain of the San Jacinto River Gap region (Tetra Tech and WRIME require special management at the San Jacinto Wildlife Area 2007, Appendix A, p. 1). During considerations or protection to (including Mystic Lake) and the extreme rainfall events the storage minimize impacts from the threats listed floodplain of the San Jacinto River capacity of the lake can be exceeded, above. The most recent survey results between the Ramona Expressway and causing overflow back into the San for A. c. var. notatior in the northern Railroad Canyon Reservoir, which total Jacinto River and subsequent transport portion of the unit, from 2007 to 2010, 7,039 ac (2,849 ha). Of this total, 4,096 of nutrient-laden water into the identified 6 point locations ranging from ac (1,658 ha) are privately owned and floodplain of the river (Tetra Tech and 1 to 60 individual plants (Western 2,396 ac (970 ha) are owned by CDFG WRIME 2007, p. 28). Proposed water Riverside County RCA 2007, 2008, 2009, as part of the San Jacinto Wildlife Area, quality projects in this portion of the 2011; Malisch 2010, pers. comm.). which is managed primarily for the San Jacinto River are being considered Downstream from Mystic Lake, the purpose of waterfowl conservation. The in an effort to convey water directly to San Jacinto River forms a wide fluvial remaining is other State or local land as Mystic Lake to help reduce the nutrient plain. This floodplain is often dry due shown in Table 2. loading during certain storm events to groundwater infiltration enhanced by The hydrological conditions of this (Tetra Tech and WRIME 2007, p. F–97) low groundwater levels from excessive unit are defined by precipitation events into the San Jacinto River and the pumping and limited recharge (Tetra resulting from winter storms, summer surrounding floodplain habitat where Tech and WRIME 2007, p. 28), which storms, and local thunderstorms, with Atriplex coronata var. notatior occurs. alter the seasonal flooding cycle. The major flood events for the San Jacinto The Atriplex coronata var. notatior lower portion of this unit, the floodplain River occurring almost exclusively localities (locations of plants) that of the San Jacinto River between the during winter storms (Bryant 1975, pp. occupy the northern portion of the San Ramona Expressway and Railroad 13, 15; Tetra Tech and WRIME 2007, pp. Jacinto Unit (San Jacinto Wildlife Area Canyon Reservoir, is also within the 30–31; Riverside County Flood Control including Mystic Lake) are primarily geographical area occupied at the time and Water Conservation District History found within alkali sink habitat, of listing. This portion of the San Jacinto 2011). Runoff flows into Mystic Lake including alkali grassland and scrub floodplain (soils and hydrologic from the valley and, during large flow (Bramlet 1996, p. 10). This native conditions) provide the features that are events, from the upper San Jacinto River habitat is threatened by reduced water essential to the conservation of the (Tetra Tech and WRIME 2007, p. 28). quality, invasive and weedy plant taxon and may require special Overland flows across active species introduced as food sources for management considerations and agricultural lands into Mystic Lake can waterfowl, and alteration of habitat for protection to minimize impacts from transport sediments containing duck ponds (Roberts and McMillan threats including activities identified at nutrients into the lake; this has 1997, p. 2). This upper portion of the the time of listing (invasive weedy plant

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species and nonagriculture-related with similarly adapted plants and localities within this unit (CH2M Hill clearing, agricultural activity) (Bramlet wildlife. Much of the area is still subject 2010, p. 5–59). A less comprehensive 1996, p. 14, Roberts and McMillan 1997, to flooding during modest flood events survey in May 2009 recorded p. 3–4; White 2009, pers. comm.; (RECON 1995, p. 34). The Upper Salt approximately 246 individual plants in Roberts 2010b, pers. comm.). Much of Creek Unit is bisected north to south by four locations within this unit (Malisch the area has been converted to the San Diego Aqueduct Canal and 2010, pers. comm.). agriculture or impacted by the addition currently includes open fields and cow This unit contains the physical or of soil amendments (primarily manure pastures within the remaining alkaline biological features essential to the dumping), which alters the alkaline vernal pool, alkaline grassland, and conservation of Atriplex coronata var. properties of the soil and creates alkali sink scrub habitats (RECON 1995, notatior including Willows-Traver- conditions that increase competition pp. 15, 17; CNDDB 2011b, EO 9). Chino soils, alkali grassland and from other plants, including nonnative Additionally, historical drainage alkaline playa habitats, and periodic plants such as Brassica nigra (black patterns in the Upper Salt Creek Unit ponding or flooding (PCE 1 and 2), mustard) and Salsola tragus (Russian are disrupted by local roads, road which provide substrate and conditions thistle) (Roberts 2010a, pers. comm.). ditches, and agricultural drainage suitable for growth of this taxon. These There are also indications that sheep ditches that reduce the degree and physical or biological features may grazing has affected A. c. var. notatior duration of ponding during the wet require special management habitat in the Ramona Expressway to season (RECON 1995, p. 18). considerations or protection to Railroad Canyon portion of this unit Atriplex coronata var. notatior habitat minimize impacts resulting from the (CNDDB 2011b, EO 7). within the Upper Salt Creek Unit is threats as defined above. The localities of Atriplex coronata threatened by agricultural activities, Within the Upper Salt Creek Unit, we var. notatior found within the San including dryland farming, sheep are considering excluding lands Jacinto Unit (including the San Jacinto grazing, invasion of nonnative plant contained within the Western Riverside Wildlife Area) depend upon the San species, alteration of hydrology, County MSHCP planning area under Jacinto River for supporting fragmentation, and fire management section 4(b)(2) of the Act (see Exclusions hydrological conditions as described practices (Bramlet 1992, pers. comm.; section). above. Seasonal ponding or flooding Roberts 2005, pers. comm.; Roberts and Unit 3: Alberhill Creek within the floodplain of the river McMillan 1997, p. 4–5; CH2M Hill inundates the alkali sink habitat, and 2010, Appendix B pp. 2–4; CNDDB The Alberhill Creek Unit comprises creates a slow-moving flow of water that 2011b, EOs 9 and 10). A proposed right- 107 ac (43 ha), of which 33 ac (13.5 ha) provides appropriate hydrological of-way for the realignment of State are privately owned and 74 ac (30 ha) growth and survival conditions and Route 79 is located just outside the under local land ownership (see Table allows for seed dispersal (PCE 1 and 2). boundaries of this unit (Riverside 4). The unit occurs within the These elements provide the physical or County Transportation Commission floodplain of Alberhill Creek within an biological features that are essential to 2011). alkali playa that is dependent on the the conservation of A. c. var. notatior. Surveys conducted prior to listing creek for its hydrology and seasonal Within the San Jacinto River Unit, we include a 1995 report on the flooding. Alberhill Creek is part of the are considering excluding lands distribution of wetlands and sensitive larger Temescal Wash region of western contained within the Western Riverside species within a large (1,400 ac (567 ha)) Riverside County, which drains the County MSHCP planning area under portion of the Upper Salt Creek drainage Gavilan Hills region and the section 4(b)(2) of the Act (see Exclusions system, which summarized existing northeastern slope of the Santa Ana section). records, aerial photography, and direct Mountains (Boyd 1983, p. 13). This observations (RECON 1995). floodplain is subject to periodic Unit 2: Upper Salt Creek Approximately 33 localities of Atriplex flooding, which produces ponding and Unit 2 includes the Upper Salt Creek coronata var. notatior were reported scouring (as observed in aerial photos localities of Atriplex coronata var. ranging from less than 100 to from 1980 and 2010), including seasonal notatior and comprises 874 ac (354 ha), approximately 9,000 for a total of overflow of water from Lake Elsinore. 603 ac (244 ha) of which is privately approximately 31,400 plants (RECON These hydrologic elements, along with owned and 271 ac (110 ha) is local land. 1995, p. 25, Figure 6). As an illustration Willows-Travers-Chino soils and alkali This unit is within the geographical area of the variability in observed individual floodplain habitat in Alberhill Creek occupied at the time of listing and is plants in this location, a final report for (PCE 1 and 2), comprise the physical or located in a natural depression within focused surveys within 45 ac (18.21 ha) biological features that are essential to the old Salt Creek tributary within the of mitigation land (Metropolitan Water the conservation of Atriplex coronata Salt Creek watershed. Salt Creek, which District of Southern California) located var. notatior. drains westward toward Winchester, within the Upper Salt Creek floodplain Two locations of Atriplex coronata rejoins the San Jacinto River at Railroad indicated a range of 16,500 individuals var. notatior are known to exist in this Canyon and represents one of the major of A. c. var. notatior in 1996 and an unit (AMEC Earth and Environmental tributaries to Canyon Lake (Tetra Tech estimated 136,948 individuals in 2001, 2006b, p. 26; CNDDB 2011b, EO16). The and WRIME 2007, p. 29). Historically, with an aerial extent ranging from 9.7 locality at the Nichols Road wetland winter storm events created surface acres (3.93 ha) to 12.66 ac (5.12 ha) (near the mouth of Walker Canyon), runoff producing intense peak flow during the same time period (AMEC which contains alkali marsh and alkali events and scouring along the water Earth and Environmental Inc. 2001, p. playa habitat on Willows soils, supply channel; this can be seen in 3). consisted of 185 plants in 1987 (CNDDB historical aerial photos (such as April Comprehensive sensitive plant 2011b, EO 16). The second locality of A. 1980 following severe flood events in surveys related to this proposed project c. var. notatior, also on Willows soils, February 1980). Currently, rainfall were also conducted in the Upper Salt comprises nonnative grassland and collects within pools on slow-drainage Creek area in 2005 and 2006 with over alkali marsh habitat where 10 plants alkaline soils, which contain remnants 100,000 individual Atriplex coronata were discovered in 2006 adjacent to of an alkali vernal floodplain complex var. notatior plants recorded within 555 Baker Road, just south of Nichols Road

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(AMEC Earth and Environmental Inc. adverse modification’’ (50 CFR 402.02) (1) Can be implemented in a manner 2006b, p. 29). The Alberhill Creek Unit (see Gifford Pinchot Task Force v. U.S. consistent with the intended purpose of is located in an increasingly urbanized Fish and Wildlife Service, 378 F. 3d the action, area and is subject to the threat of 1059 (9th Cir. 2004) and Sierra Club v. (2) Can be implemented consistent human-caused disturbance, including U.S. Fish and Wildlife Service et al., 245 with the scope of the Federal agency’s impacts related to a proposed F.3d 434, 442 (5th Cir. 2001)), and we legal authority and jurisdiction, subtransmission line associated with a do not rely on this regulatory definition (3) Are economically and recently completed electrical power when analyzing whether an action is technologically feasible, and substation (State of California Public likely to destroy or adversely modify (4) Would, in the Director’s opinion, Utilities Commission 2007; State of critical habitat. Under the statutory avoid the likelihood of jeopardizing the California Public Utilities Commission provisions of the Act, we determine continued existence of the listed species 2010). destruction or adverse modification on and/or avoid the likelihood of As noted above (see Background the basis of whether, with destroying or adversely modifying section—Spatial Distribution, Historical implementation of the proposed Federal critical habitat. Range, and Population Size), there is action, the affected critical habitat Reasonable and prudent alternatives significant natural variability in would continue to serve its intended can vary from slight project numbers of observed individuals of conservation role for the species. modifications to extensive redesign or Atriplex coronata var. notatior in If a Federal action may affect a listed relocation of the project. Costs response to annual rainfall, extent and species or its critical habitat, the associated with implementing a distribution of flooding, and responsible Federal agency (action reasonable and prudent alternative are temperature. Differences in survey agency) must enter into consultation similarly variable. methodologies and proportion of range with us. Examples of actions that are Regulations at 50 CFR 402.16 require surveyed may also contribute to subject to the section 7 consultation Federal agencies to reinitiate differences in annual counts of process are actions on State, Tribal, consultation on previously reviewed individuals and therefore reporting of local, or private lands that require a actions in instances where we have locations of A. c. var. notatior; however, Federal permit (such as a permit from listed a new species or subsequently both locations of A. c. var. notatior the U.S. Army Corps of Engineers under designated critical habitat that may be within this subunit are found on the section 404 of the Clean Water Act (33 affected and the Federal agency has Willows soils of the Temescal U.S.C. 1251 et seq.) or a permit from the retained discretionary involvement or floodplain and are within one-quarter Service under section 10 of the Act) or control over the action (or the agency’s mile (365 meters) of each other. All of that involve some other Federal action discretionary involvement or control is Unit 3 is therefore within the (such as funding from the Federal authorized by law). Consequently, geographical area occupied at the time Highway Administration, Federal Federal agencies sometimes may need to of listing, and the unit provides the Aviation Administration, or the Federal request reinitiation of consultation with physical or biological features that are Emergency Management Agency). us on actions for which formal essential to the conservation of this Federal actions not affecting listed consultation has been completed, if taxon and may require special species or critical habitat, and actions those actions with discretionary management considerations and on State, Tribal, local, or private lands involvement or control may affect protection. that are not federally funded or subsequently listed species or Within the Alberhill Creek Unit, we authorized, do not require section 7 designated critical habitat. are considering excluding lands consultation. contained within the Western Riverside Application of the ‘‘Adverse County MSHCP planning area under As a result of section 7 consultation, Modification’’ Standard we document compliance with the section 4(b)(2) of the Act (see Exclusions The key factor related to the adverse section). requirements of section 7(a)(2) through our issuance of: modification determination is whether, Effects of Critical Habitat Designation with implementation of the proposed (1) A concurrence letter for Federal Federal action, the affected critical Section 7 Consultation actions that may affect, but are not habitat would continue to serve its likely to adversely affect, listed species Section 7(a)(2) of the Act requires intended conservation role for the or critical habitat; or Federal agencies, including the Service, species. Activities that may destroy or to ensure that any action they fund, (2) A biological opinion for Federal adversely modify critical habitat are authorize, or carry out is not likely to actions that may affect, and are likely to those that alter the physical or jeopardize the continued existence of adversely affect, listed species or critical biological features to an extent that any endangered species or threatened habitat. appreciably reduces the conservation species or result in the destruction or When we issue a biological opinion value of critical habitat for Allium adverse modification of designated concluding that a project is likely to munzii and Atriplex coronata var. critical habitat of such species. In jeopardize the continued existence of a notatior. As discussed above, the role of addition, section 7(a)(4) of the Act listed species and/or destroy or critical habitat is to support life-history requires Federal agencies to confer with adversely modify critical habitat, we needs of these taxa and provide for the the Service on any agency action which provide reasonable and prudent conservation of these taxa. is likely to jeopardize the continued alternatives to the project, if any are Section 4(b)(8) of the Act requires us existence of any species proposed to be identifiable, that would avoid the to briefly evaluate and describe, in any listed under the Act or result in the likelihood of jeopardy and/or proposed or final regulation that destruction or adverse modification of destruction or adverse modification of designates critical habitat, activities proposed critical habitat. critical habitat. We define ‘‘reasonable involving a Federal action that may Decisions by the 5th and 9th Circuit and prudent alternatives’’ (at 50 CFR destroy or adversely modify such Courts of Appeals have invalidated our 402.02) as alternative actions identified habitat, or that may be affected by such regulatory definition of ‘‘destruction or during consultation that: designation.

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Activities that may affect critical with stewardship of the natural the statute on its face, as well as the habitat, when carried out, funded, or resources found on the base. Each legislative history are clear that the authorized by a Federal agency, should INRMP includes: Secretary has broad discretion regarding result in consultation for Allium munzii (1) An assessment of the ecological which factor(s) to use and how much and Atriplex coronata var. notatior. needs on the installation, including the weight to give to any factor. These activities include, but are not need to provide for the conservation of In considering whether to exclude a limited to, the following for each of the listed species; particular area from the designation, we taxa: (2) A statement of goals and priorities; identify the benefits of including the (3) A detailed description of area in the designation, identify the Allium munzii management actions to be implemented benefits of excluding the area from the Actions that alter the physical to provide for these ecological needs; designation, and evaluate whether the characteristics of mesic clay and rocky- and benefits of exclusion outweigh the sandy loamy soils (within rock (4) A monitoring and adaptive benefits of inclusion. If the analysis outcrops) and microhabitats of these management plan. indicates that the benefits of exclusion soils, or that create conditions that Among other things, each INRMP outweigh the benefits of inclusion, the facilitate the spread of invasive must, to the extent appropriate and Secretary may exercise his discretion to nonnative plants, especially nonnative applicable, provide for fish and wildlife exclude the area only if such exclusion annual grasses, into these habitats management; fish and wildlife habitat would not result in the extinction of the would adversely affect the proposed enhancement or modification; wetland species. critical habitat. Such activities could protection, enhancement, and When identifying the benefits of include (but are not limited to): Grading restoration where necessary to support inclusion for an area, we consider the or disking for dryland farming, clay fish and wildlife; and enforcement of additional regulatory benefits that area mining, urban and related infrastructure applicable natural resource laws. would receive from the protection from development, ORV activity, animal The National Defense Authorization adverse modification or destruction as a grazing, fire management, and alteration Act for Fiscal Year 2004 (Pub. L. 108– result of actions with a Federal nexus; of hydrology (such as impoundment or 136) amended the Act to limit areas the educational benefits of mapping channelization). These activities could eligible for designation as critical essential habitat for recovery of the eliminate or reduce the amount of habitat. Specifically, section 4(a)(3)(B)(i) listed species; and any benefits that may habitat necessary to support Allium of the Act (16 U.S.C. 1533(a)(3)(B)(i)) result from a designation due to State or munzii, a narrow endemic taxon now provides: ‘‘The Secretary shall not Federal laws that may apply to critical restricted to clay and rocky-sandy loamy designate as critical habitat any lands or habitat. soils within localized microhabitats. other geographic areas owned or When identifying the benefits of controlled by the Department of exclusion, we consider, among other Atriplex coronata var. notatior Defense, or designated for its use, that things, whether exclusion of a specific Actions that alter the physical are subject to an integrated natural area is likely to result in conservation; characteristics of alkali playa, alkali resources management plan prepared the continuation, strengthening, or scrub, and alkali grassland habitats or under section 101 of the Sikes Act (16 encouragement of partnerships; or fragment these areas, including U.S.C. 670a), if the Secretary determines implementation of a management plan reduction of water quality, alteration of in writing that such plan provides a that provides equal or greater the hydrology and floodplain dynamics, benefit to the species for which critical conservation benefits than a critical habitat designation would provide. For or an increase in the occurrence of habitat is proposed for designation.’’ nonnative plant species in these habitats There are no Department of Defense example, we consider our continued ability to seek new partnerships with would adversely affect the proposed lands that meet the definition of critical future plan participants, including the critical habitat. Such activities could habitat for Allium munzii or Atriplex State, counties, local jurisdictions, include (but are not limited to): urban coronata var. notatior and, as a result, conservation organizations, and private development, manure dumping, animal no lands are being exempted under landowners, which together can grazing, grading or disking for section 4(a)(3)(B) of the Act. implement conservation actions that we agriculture, ORV activity, alteration of Exclusions would be unable to accomplish hydrology (such as impoundment or otherwise. If lands within approved channelization), and soil chemistry. Application of Section 4(b)(2) of the Act management plan areas are designated These activities could eliminate or Section 4(b)(2) of the Act states that as critical habitat, there would likely be fragment habitats that provide essential the Secretary shall designate and make a negative effect on our existing soil and hydrological characteristics to revisions to critical habitat on the basis partnerships and our ability to establish support Atriplex coronata var. notatior. of the best available scientific data after new partnerships to develop and Exemptions taking into consideration the economic implement these plans, particularly impact, national security impact, and plans that address landscape-level Application of Section 4(a)(3)(B) of the any other relevant impact of specifying conservation of species and habitats. By Act any particular area as critical habitat. excluding these lands, we preserve our The Sikes Act Improvement Act of The Secretary may exclude an area from current partnerships, promote future 1997 (Sikes Act) (16 U.S.C. 670a) critical habitat if he determines that the partnerships, and encourage additional required each military installation that benefits of such exclusion outweigh the conservation actions in the future. includes land and water suitable for the benefits of specifying such area as part In the case of Allium munzii and conservation and management of of the critical habitat, unless he Atriplex coronata var. notatior, the natural resources to complete an determines, based on the best scientific benefits of critical habitat include integrated natural resource management data available, that the failure to public awareness of A. munzii and A. c. plan (INRMP) by November 17, 2001. designate such area as critical habitat var. notatior presence and the An INRMP integrates implementation of will result in the extinction of the importance of habitat protection, and in the military mission of the installation species. In making that determination, cases where a Federal nexus exists,

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increased habitat protection for A. we carefully weigh the two sides to his discretion to exclude the lands from munzii and A. c. var. notatior due to the determine whether the benefits of the final designation. protection from adverse modification or exclusion outweigh those of inclusion. We specifically solicit comments on destruction of critical habitat. If our analysis indicates that the benefits the inclusion or exclusion of such areas When we evaluate the existence of a of exclusion outweigh the benefits of (see Public Comments section above). A conservation plan, we consider a variety inclusion, we then determine whether detailed analysis of our consideration to of factors, including, but not limited to, exclusion would result in extinction. If exclude these lands under section whether the plan is finalized, how it exclusion of an area from critical habitat 4(b)(2) of the Act is provided below provides for the conservation of the will result in extinction, we will not under the Exclusions Based on Other essential physical or biological features, exclude it from the designation. Relevant Impacts section. whether there is a reasonable expectation that the conservation Based on the information provided by Allium munzii management strategies and actions entities seeking exclusion, as well as contained in a management plan will be any additional public comments we We are currently considering implemented into the future, whether receive, we will evaluate whether excluding the following 790 ac (320 ha) the conservation strategies in the plan certain lands in the proposed revised from the critical habitat designation for are likely to be effective, and whether critical habitat are appropriate for Allium munzii under section 4(b)(2) of the plan contains a monitoring program exclusion from the final designation the Act. Table 3 below provides or adaptive management to ensure that pursuant to section 4(b)(2) of the Act. If approximate areas (ac, ha) of lands that the conservation measures are effective the analysis indicates that the benefits meet the definition of critical habitat and can be adapted in the future in of excluding lands from the final that we intend to exclude under section response to new information. designation outweigh the benefits of 4(b)(2) of the Act from the final critical After identifying the benefits of designating those lands as critical habitat rule. inclusion and the benefits of exclusion, habitat, then the Secretary may exercise BILLING CODE 4310–55–P

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Atriplex coronata var. notatior habitat designation for Atriplex lands that meet the definition of critical coronata var. notatior under section habitat that we intend to exclude under We are considering excluding all of 4(b)(2) of the Act. Table 4 below section 4(b)(2) of the Act from the final the following areas from the critical provides approximate areas (ac, ha) of critical habitat rule.

Exclusions Based on Economic Impacts (from 2005 to 2025) of $33,849. No species as well as costs attributable to Under section 4(b)(2) of the Act, we lands were excluded from critical the designation of critical habitat). consider the economic impacts of habitat in our final designation based on Because the Act directs the Secretary to specifying any particular area as critical economic impact under section 4(b)(2) consider the economic impacts of habitat. In order to consider economic of the Act (70 FR 33015; June 7, 2005). specifying any particular area as critical impacts, we are preparing an analysis of We prepared and finalized an analysis habitat, we believe the appropriate the economic impacts of the proposed of the economic impacts for the framework for analysis is to compare the revised critical habitat designation and previous proposed critical habitat costs associated with actions in a world related factors. designation for Atriplex coronata var. with critical habitat to those costs likely We prepared and finalized an analysis notatior (Northwest Economic to be incurred in the absence of critical of the economic impacts for the Associates 2005). Because no lands were habitat designation. Our new analysis previous proposed critical habitat proposed for designation of critical will therefore focus on the specific costs designation for Allium munzii habitat in the previous proposed rule attributable to designating the areas (Economic & Planning Systems, Inc. (69 FR 59844; October 6, 2004), we proposed in this rule as critical habitat. 2005). Only USFS lands at Elsinore Peak determined there was no economic We will announce the availability of within the Cleveland National Forest impact to landowners or agencies (70 FR a new draft economic analysis on this were proposed as critical habitat in the 59952; October 13, 2005). proposed revised designation of critical 2004 proposed rule (69 FR 31569; June The prior economic analyses for habitat for Allium munzii and Atriplex 4, 2004). The economic analysis Allium munzii and Atriplex coronata coronata var. notatior as soon as it is determined retrospective costs (costs var. notatior included costs coextensive completed, at which time we will seek since listing, 1998 to 2004) to the USFS with the listing of both plants (in other public review and comment. At that of $9,938 and total prospective costs words, costs attributable to listing the time, copies of the draft economic

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analysis will be available for a consultation under section 7 of the approximately 1.26 million ac (510,000 downloading from the Internet at Act; ha) of land in western Riverside County. http://www.regulations.gov, or by (2) Whether there is a reasonable The Western Riverside County MSHCP contacting the Carlsbad Fish and expectation that the conservation is a multispecies conservation program Wildlife Office directly (see FOR management strategies and actions will designed to minimize and mitigate the FURTHER INFORMATION CONTACT section). be implemented into the foreseeable expected loss of habitat and associated During the development of a final future, based on past practices, written incidental take of covered species designation, we will consider economic guidance, or regulations; and resulting from covered development impacts, public comments, and other (3) Whether the plan provides activities in the plan area. The Western new information, and areas may be conservation strategies and measures Riverside County MSHCP addresses 146 excluded from the final critical habitat consistent with currently accepted listed and unlisted ‘‘covered species,’’ designation under section 4(b)(2) of the principles of conservation biology. including Allium munzii and Atriplex Act and our implementing regulations at Portions of the proposed revised coronata var. notatior, which are further 50 CFR 424.19. critical habitat units for Allium munzii considered as ‘‘Covered Species and all of the proposed revised critical Adequately Conserved;’’ that is, those Exclusions Based on National Security habitat units for Atriplex coronata var. where the species objectives are met and Impacts notatior may warrant exclusion from the that are provided take authorization Under section 4(b)(2) of the Act, we designation of critical habitat under through the Natural Community consider whether there are lands owned section 4(b)(2) of the Act based on the Conservation Planning (NCCP) Permit or managed by the Department of partnerships, management, and (Dudek and Associates 2003, Section 9.2 Defense where a national security protection afforded under these and Table 9–3). On June 22, 2004, the impact might exist. In preparing this approved and legally operative HCPs Service issued a single incidental take proposal, we have determined that the that are equal to or more protective than permit under section 10(a)(1)(B) of the lands within the proposed revised the benefits provided by, critical habitat Act to 22 permittees under the Western designation of critical habitat for Allium designation. Riverside County MSHCP to be in effect munzii and Atriplex coronata var. We believe that the Western Riverside for a period of 75 years (Service 2004). notatior are not owned or managed by County MSHCP, the Lake Mathews The Western Riverside County the Department of Defense, and, MSHCP, and the Rancho Bella Vista MSHCP, when fully implemented, will therefore, we anticipate no impact on HCP described below fulfill the above establish approximately 153,000 ac national security. Consequently, the criteria, and are considering excluding (61,917 ha) of new conservation lands Secretary is not currently considering non-Federal lands covered by these (Additional Reserve Lands (ARL)) to exercising his discretion to exclude any HCPs that provide for the conservation complement the approximate 347,000 ac areas from the final designation based of Allium munzii and Atriplex coronata (140,426 ha) of preexisting natural and on impacts on national security. var. notatior. All permittee-owned or open space areas (Public/Quasi-Public controlled lands that fall within the (PQP) lands) in the plan area. These Exclusions Based on Other Relevant boundaries of the Western Riverside PQP lands include those under the Impacts County MSHCP or other HCPs described ownership of public agencies, primarily Under section 4(b)(2) of the Act, we herein are being considered for the USFS and BLM, as well as consider any other relevant impacts in exclusion (see Other Habitat permittee-owned or controlled open- addition to economic impacts and Conservation Plans section below). space areas managed by the State of impacts on national security. We We believe that the Southwestern California and Riverside County. consider a number of factors, including Riverside County Multi-species Reserve Collectively, the ARL and PQP lands whether the landowners have developed Cooperative Management Agreement form the overall Western Riverside any HCPs or other management plans also meets the criteria listed above; thus County MSHCP Conservation Area. The for the area, or whether there are we are considering excluding non- configuration of the 153,000 ac (61,916 conservation partnerships that would be Federal lands proposed as critical ha) of ARL is not mapped or precisely encouraged by designation of, or habitat for Allium munzii that are in the delineated (hard-lined) in the Western exclusion from, critical habitat. In Reserve covered by this agreement (see Riverside County MSHCP. Instead, the addition, we look at any tribal issues, discussion below). configuration and composition of the and consider the government-to- In this proposed revised rule, we are ARL are described in text within the government relationship of the United seeking input from the Western bounds of the approximately 310,000-ac States with tribal entities. We also Riverside County MSHCP, other HCP (125,453-ha) Criteria Area. The ARL consider any social impacts that might stakeholders (Rancho Bella Vista HCP lands are being acquired and conserved occur because of the designation. and Lake Mathews MSHCP), the parties as part of the ongoing implementation of to the Southwestern Riverside County the Western Riverside County MSHCP. Land and Resource Management Plans, Multi-Species Reserve Cooperative Species-specific conservation Conservation Plans, or Agreements Management Agreement, and the public objectives are included in the Western Based on Conservation Partnerships (see Public Comments section) as to Riverside County MSHCP for Allium When evaluating a current land reasons supporting whether or not the munzii and Atriplex coronata var. management or conservation plan (HCPs Secretary should exercise his discretion notatior and are described in detail as well as other types of plans) and the to exclude these areas from the final below. Conservation objectives for A. habitat management or protection it critical habitat designation. munzii include: provides, we consider a number of (1) Conserve at least 21,260 ac (8,603 factors including, but not limited to, the Western Riverside County Multiple ha) of suitable habitat to include at least following: Species Habitat Conservation Plan 2,070 ac (838 ha) of clay soils; (1) Whether the plan is complete and (Western Riverside County MSHCP) (2) Conserve at least 13 localities provides an equivalent or higher level of The Western Riverside County (populations within EOs) within the protection from adverse modification or MSHCP is a regional, multi- Temescal Valley and the southwestern destruction than that provided through jurisdictional HCP encompassing portion of the plan area; and

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(3) Conduct Narrow Endemic Plan suitable habitat within defined 63). For A. c. var. notatior, surveys are Species surveys as discussed below boundaries of the Criteria Area (Dudek required within defined boundaries of (Dudek and Associates 2003, pp. 9–126– and Associates 2003, Figure 6–1, p. 6– the Criteria Area (Dudek and Associates 9–127). 30). Where survey results are positive, 2003, Figure 6–2, p. 6–64). As with Conservation objectives identified in project proposals with the potential to Narrow Endemic Plant Species, in the Western Riverside County MSHCP affect a Narrow Endemic Plant Species locations with positive survey results, for Atriplex coronata var. notatior are subject to avoidance, minimization, 90 percent of those portions of the include: and mitigation strategies (Dudek and property that provide long-term (1) Conserve at least 6,900 ac (2,792 Associates 2003, p. 6–29). In addition, conservation value for the identified ha) of suitable habitat including the Western Riverside County MSHCP species will be avoided until the grasslands, playas, and vernal pools; indicates that, for Narrow Endemic species-specific conservation objectives (2) Conserve the Alberhill Creek Plant Species populations identified as for these species are met (Dudek and locality and three core areas located part of this survey process (including A. Associates 2003, p. 6–65). We stated in along the San Jacinto River and in the munzii), impacts to 90 percent of those our analysis of the effects of the Western upper Salt Creek drainage; portions of the property that provide for Riverside County MSHCP that it (3) Conduct surveys as discussed long-term conservation value for these provides the flexibility to include those below; species will be avoided until it is locations that contain large numbers of (4) Conserve the floodplain along the demonstrated that conservation individuals or are determined to be San Jacinto River consistent with objectives (discussed below) are met important to the conservation of A. c. objective 1, including maintaining (Dudek and Associates 2003, p. 6–38). var. notatior in the Additional Reserve floodplain processes; and The information from these surveys is to Lands (Dudek and Associates 2003, p. (5) Conserve the floodplain along Salt be used to prioritize areas for 6–70; Service 2004, p. 353). Creek, generally in its existing acquisition into the Western Riverside Under the Western Riverside County condition, including maintaining County MSHCP (Service 2004, p. 28). MSHCP, surveys for Atriplex coronata floodplain processes (Dudek and Surveys conducted from 2005 through var. notatior are required every 8 years Associates 2003, pp. 9–137–9–138). 2011 have confirmed 9 extant to verify occupancy for at least 75 Allium munzii populations within 13 CNDDB-defined percent of known locations. If a decline EOs (Western Riverside County RCA in distribution below this threshold is In our analysis of the effects to Allium 2011, p. 31). observed, management activities are munzii for the issuance of the Western We stated in our biological opinion triggered, as appropriate, to meet the Riverside County MSHCP permit, we (analysis of effects) of the Western species-specific objectives identified in acknowledged that specific conservation Riverside County MSHCP that: the plan (Dudek and Associates 2003, objectives would be provided in the (1) All 16 known localities (or Table 9.2; Service 2004, p. 355). Surveys Western Riverside County MSHCP to CNDDB-defined EOs) would be conducted by the Western Riverside ensure that suitable habitat and known included in the Conservation Area; County RCA from 2006 to 2010 populations of A. munzii would persist (2) We anticipated that occurrences confirmed 2 of 4 CNDDB-defined EOs (Service 2004, p. 326). To this effect, for determined to be important to the within the three critical habitat units narrow endemic species such as A. overall conservation of the species will (Units 1, 2, and 3) (Western Riverside munzii, the Western Riverside County be considered for inclusion in the County RCA 2011, p. 33). MSHCP states: Additional Reserve Lands; and The Western Riverside County ‘‘The MSHCP is a Criteria-based plan, (3) At least some of the avoided areas MSHCP provides a comprehensive focused on preserving individual species may be maintained as open space habitat-based approach to the protection through Conservation. Conservation is based habitat (Service 2004, p. 327). of covered species, including Allium on the particular habitat requirements of each In addition, the Western Riverside munzii and Atriplex coronata var. species as well as the known distribution County MSHCP identified two CNDDB- notatior, by focusing on lands essential data for each species. The existing MSHCP defined EOs partially within the for the long-term conservation of the database does not, however, provide the level Conservation Area (EOs 2 and 9) and covered species and appropriate of detail sufficient to determine the extent of two that are currently located outside management of those lands (Western the presence or distribution of Narrow Endemic Plant Species within the MSHCP the Conservation Area (EOs 5 and 16) Riverside County Regional Conservation Plan Area. Since Conservation planning that will be added to the Conservation Authority et al. 2003, p. 51). decisions for these species will have a Area. Finally, as noted above, the The Secretary is considering substantial effect on the status of these Western Riverside County MSHCP exercising his discretion to exclude 626 species, additional information regarding the provides flexibility for criteria ac (253 ha) that meet the definition of presence of these species must be gathered refinement, such that if an area is critical habitat for Allium munzii in during the long-term implementation of the currently outside the reserve design Units 1 through 5, and 8,020 ac (3,246 MSHCP to ensure that appropriate defined by the Western Riverside ha) that meet the definition of critical Conservation of these species occurs’’ (Dudek County MSHCP, but is later determined habitat for Atriplex coronata var. and Associates 2003, p. 6–28). to be important for conservation, then it notatior in Units 1 through 3. The lands The Western Riverside County could be added to the reserve as being considered for exclusion are MSHCP defines Allium munzii as a Additional Reserve Lands or permittee-owned or -controlled lands Narrow Endemic Plant Species and Acquisition Lands. within the Western Riverside County requires surveys for this taxon as part of MSHCP. the review process for public and Atriplex coronata var. notatior In the 1998 final listing rule for private projects in certain areas where Surveys are also required for Atriplex Allium munzii and Atriplex coronata one or more permittees have coronata var. notatior in conjunction var. notatior, the present or threatened discretionary authority for project with the Western Riverside County destruction, modification, or approval (Dudek and Associates 2003, MSHCP implementation in order to curtailment of its habitat or range pp. 6–28–6–29). These surveys are meet the permit issuance criteria for the including urban development, required where projects are proposed in HCP (Dudek and Associates 2003, p. 6– agriculture, and clay mining for A.

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munzii, and agriculture, urban Estelle Mountain Existing Core ‘‘C’’ area (7) Develop public information development, alteration of hydrology for of the Western Riverside County materials and programs including: A. c var. notatior, were identified as the MSHCP. We are considering excluding (a) A brochure that describes the primary threats to these taxa (63 FR 2.3 ac (approximately 1 ha) of Subunit natural resources, areas of special 54982; October 13, 1998). The Western 1A located within the Lake Mathews interest, and prohibited activities within Riverside County MSHCP helps to MSHCP. conserved habitats; address these threats to A. munzii and The Riverside County Habitat (b) A landscape and fuel break A. c. var. notatior (Service 2008; Service Conservation Agency manages the Lake planning brochure for homeowners and 2009) through a regional planning effort, Mathews/Estelle Mountain Reserve. The homeowner associations located and outlines species-specific objectives Service is an active partner with this adjacent to conserved habitats; and and criteria for the conservation of these agency and has developed and is (c) Nature trails along or through taxa (Dudek and Associates 2003, pp. 9– implementing Partners for Fish and portions of conserved habitats (provided 126–9–127; pp. 9–137–9–138). We are Wildlife Program projects within this impacts are avoided or mitigated) considering excluding areas covered by reserve, primarily to control and manage (Service 2000, p. 4–5). the Western Riverside County MSHCP nonnative plants. Southwestern Riverside County Multi- based on the protections provided species Reserve through our partnerships, to the extent Rancho Bella Vista Habitat Conservation consistent with the requirements of Plan (Rancho Bella Vista HCP) Subunit 4C (79.3 ac (32.1 ha)) and section 4(b)(2) of the Act. We encourage The Rancho Bella Vista HCP Unit 5 (8.2 ac (3.3 ha)) are contained any public comment regarding our boundary occurs within the Western within the Southwestern Riverside consideration to exclude these areas in Riverside County MSHCP area boundary County Multi-species Reserve (Reserve). the final critical habitat designation (see and contains Subunit 4B (74.8 ac (30.3 This Reserve was created in 1992, prior Public Comments section above). ha)). The section 10(a)(1)(B) permit to the listing of Allium munzii, as a associated with the Rancho Bella Vista mitigation measure for impacts resulting Other Habitat Conservation Plans HCP authorized Pacific Bay Properties from the Diamond Valley Lake Some units and subunits proposed as to develop the 798-ac (323-ha) site that Reservoir. The Reserve comprises about critical habitat for Allium munzii are included 102.3 ac (41.4 ha) of habitat 13,000 ac (5,261 ha), approximately within smaller, individual HCPs that (Service 2004, p. 66). The Rancho Bella 9,400 ac (3,804 ha) of which are owned were approved prior to the Western Vista HCP conservation actions relevant by the Metropolitan Water District, Riverside County MSHCP. These to Allium munzii habitat include 2,500 ac (1,012 ha) by the Riverside include the Lake Mathews MSHCP (part preserving 86 ac (35 ha) of Riversidean County Habitat Conservation Agency, of Subunit 1A) and the Rancho Bella sage scrub and 28.8 ac (11.6 ha) of 360 ac (146 ha) by BLM, and 600 ac (243 Vista HCP (Subunit 4B). In addition, disturbed Riversidean sage scrub, 6.2 ac ha) by the Riverside County Parks and parts of Subunit 4C and Unit 5 are (2.5 ha) of riparian and wetland Open Space District (Service 2004, contained within the Southwestern habitats, and 41 ac (16.6 ha) of p.61), which manages the reserve. The Riverside County Multi-species Reserve. nonnative grassland (Service 2004, p. Southwestern Riverside County Multi- These lands are within the boundaries 67). species Reserve is largely located within of the Western Riverside County Long-term management of the Rancho the area north of Lake Skinner and MSHCP but their conservation and Bella Vista HCP conservation lands south of Diamond Valley Lake and management actions are authorized includes the following types of includes the Domenigoni Mountains through separate section 10(a)(1)(B) activities: and South Hills (Service 2004, p. 61). permits or section 7(b)(4) and section (1) Control access and, where The Southwestern Riverside County 7(o)(2) of the Act. necessary, limit access by people, Multi-species Reserve is managed Lake Mathews Multiple Species Habitat vehicles, and domestic pets to through a Cooperative Management Conservation Plan (Lake Mathews conserved habitats and preclude access Agreement; the Service is a party to this MSHCP) to highly sensitive resources; agreement and a member of the five- (2) Monitor target species, including member committee that makes The Lake Mathews MSHCP Allium munzii, and provide species management decisions (Monroe et al. established a 2,544-ac (1,029-ha) management of all covered species; 1992, Appendix B). Management mitigation bank adjacent to the existing (3) Identify and rank, in order of strategies defined for the entire Reserve 2,565-ac (1,038-ha) State Ecological priority, opportunities for habitat include: Reserve (Service 2004, p. 60). These restoration and enhancement within the (1) Protection of habitat from human lands, encompassing over 12,000 ac conserved habitats; disturbance through fencing, (4,856 ha), all contribute to the (4) Monitor conserved lands for the construction of fire breaks, and patrols establishment of a reserve for multiple occurrence of alien invasive plants and to prevent unauthorized access; species, including Allium munzii, in animals and provide the prompt control (2) Activities to promote the recovery western Riverside County. The reserve of such species; of native plant and animal communities encompasses over 12,000 ac (4,856 ha) (5) Map the locations of nonnative by managing fire and controlling and consists of the State Ecological plant species within and immediately grazing; and Reserve and the Lake Mathews HCP adjacent to conserved habitats and (3) Management for biodiversity Mitigation Bank, Lake Mathews/Estelle schedule for removal, monitoring, or including maintaining a mosaic of Mountain Core Stephens’ Kangaroo Rat control as necessary; different-aged habitats to meet the needs Reserve, the Estelle Mountain Ecological (6) Develop a fire management of many species (Monroe 1992, pp. ES– Reserve owned by CDFG, and land program in consultation with the 5–ES–6). owned by BLM within the Riverside County of Riverside Fire Marshal and The 2008 Multi-species Reserve County Habitat Conservation Agency’s wildlife agencies to minimize impacts to Management Plan (Moen 2008, Stephens’ Kangaroo Rat Core Reserve conserved habitats from fire Appendix 10) identifies enhancement (Service 2004, p. 60). Collectively, these management programs and adjacent and monitoring goals, objectives, and lands comprise the Lake Mathews/ land uses; and strategies for Allium munzii. These

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include: (1) Estimating area occupied by (2) Whether the rule will create economic information and provide the A. munzii within the reserve by inconsistencies with other Federal necessary opportunity for public mapping each occupied area annually, agencies’ actions. comment. (2) estimating individual plants within (3) Whether the rule will materially affect entitlements, grants, user fees, Energy Supply, Distribution, or Use— the known populations, and (3) Executive Order 13211 enhancing habitat suitability within loan programs, or the rights and occupied areas by annually removing obligations of their recipients. Executive Order 13211 (Actions thatch and biomass from nonnative (4) Whether the rule raises novel legal Concerning Regulations That vegetation and determining the efficacy or policy issues. Significantly Affect Energy Supply, Distribution, or Use) requires agencies of each treatment (Moen 2008, Regulatory Flexibility Act (5 U.S.C. 601 to prepare Statements of Energy Effects Appendix 10, pp. 1–2). et seq.) when undertaking certain actions. The Peer Review Under the Regulatory Flexibility Act construction of an electrical In accordance with our joint policy on (RFA; 5 U.S.C. 601 et seq.) as amended subtransmission line and substation peer review published in the Federal by the Small Business Regulatory project (Southern California Edison Register on July 1, 1994 (59 FR 34270), Enforcement Fairness Act (SBREFA) of Valley-Ivyglen Subtransmission Line we will seek the expert opinions of at 1996 (5 U.S.C 801 et seq.), whenever an and Fogarty Substation) is underway in least three appropriate and independent agency is required to publish a notice of the greater Perris basin (Worthy 2011, specialists regarding this proposed rule. rulemaking for any proposed or final pers. comm.). However, we do not The purpose of peer review is to ensure rule, it must prepare and make available expect the designation of this proposed that our critical habitat designation is for public comment a regulatory revised critical habitat for Allium based on scientifically sound data, flexibility analysis that describes the munzii and Atriplex coronata var. assumptions, and analyses. We have effects of the rule on small entities notatior to significantly affect this invited these peer reviewers to comment (small businesses, small organizations, project based on the components and small government jurisdictions). during this public comment period on described in the Mitigation and However, no regulatory flexibility our specific assumptions and Monitoring Plan for this project, which analysis is required if the head of the conclusions in this proposed revised include siting permanent project agency certifies the rule will not have a designation of critical habitat. elements (i.e., roads and poles) away significant economic impact on a We will consider all comments and from known locations of special-status substantial number of small entities. information received during this species and communities, identifying The SBREFA amended the RFA to comment period on this proposed rule environmentally sensitive areas such as require Federal agencies to provide a during our preparation of a final rare plant populations, monitoring of certification statement of the factual determination. Accordingly, the final known locations of special-status plant basis for certifying that the rule will not decision may differ from this proposal. populations prior to or during the have a significant economic impact on construction period, to include Public Hearings a substantial number of small entities. monitoring during construction and for At this time, we lack the available Section 4(b)(5) of the Act provides for 1 year following construction to assess economic information necessary to one or more public hearings on this the effectiveness of protection measures, provide an adequate factual basis for the proposal, if requested. Requests must be and limiting removal of native required RFA finding. Therefore, we received within 45 days after the date of vegetation communities (State of defer the RFA finding until completion publication of this proposed rule in the California Public Utilities Commission of the new draft economic analysis Federal Register. Such requests must be 2010, pp. 6–2–6–4). The project is being prepared under section 4(b)(2) of the sent to the address shown in the FOR constructed by Southern California Act and Executive Order 12866. This FURTHER INFORMATION CONTACT section. Edison, which is a Participating Special new draft economic analysis will We will schedule public hearings on Entity (or PSE) under the Western provide the required factual basis for the this proposal, if any are requested, and Riverside County MSHCP, and which RFA finding. Upon completion of the announce the dates, times, and places of has agreed to consult with CDFG, the new draft economic analysis, we will those hearings, as well as how to obtain Service, and the Western Riverside announce availability of the draft reasonable accommodations, in the County RCA and follow the provisions economic analysis of the proposed Federal Register and local newspapers set forth in the Western Riverside designation in the Federal Register and at least 15 days before the hearing. County MSHCP if direct or indirect reopen the public comment period for impacts to special-status plants cannot Required Determinations the proposed designation. We will be avoided (State of California Public include with this announcement, as Regulatory Planning and Review— Utilities Commission 2010, p. 6–5). appropriate, an initial regulatory Executive Order 12866 Therefore, this action is not a significant flexibility analysis or a certification that energy action, and no Statement of The Office of Management and Budget the rule will not have a significant Energy Effects is required. However, we (OMB) has determined that this rule is economic impact on a substantial will further evaluate this issue as we not significant and has not reviewed number of small entities accompanied conduct our economic analysis, and this proposed rule under Executive by the factual basis for that review and revise this assessment as Order 12866 (Regulatory Planning and determination. warranted. Review). OMB bases its determination We have concluded that deferring the upon the following four criteria: RFA finding until completion of the Unfunded Mandates Reform Act (2 (1) Whether the rule will have an new draft economic analysis is U.S.C. 1501 et seq.) annual effect of $100 million or more on necessary to meet the purposes and In accordance with the Unfunded the economy or adversely affect an requirements of the RFA. Deferring the Mandates Reform Act (2 U.S.C. 1501 et economic sector, productivity, jobs, the RFA finding in this manner will ensure seq.), we make the following findings: environment, or other units of the that we make a sufficiently informed (1) This rule will not produce a government. determination based on adequate Federal mandate. In general, a Federal

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mandate is a provision in legislation, not apply, nor would critical habitat local governments and their activities. statute, or regulation that would impose shift the costs of the large entitlement The designation may have some benefit an enforceable duty upon State, local, or programs listed above onto State to these governments because the areas tribal governments, or the private sector, governments. that contain the physical or biological and includes both ‘‘Federal (2) We do not believe that this rule features essential to the conservation of intergovernmental mandates’’ and will significantly or uniquely affect the species are more clearly defined, ‘‘Federal private sector mandates.’’ small governments. Small governments and the elements of the features These terms are defined in 2 U.S.C. would be affected only to the extent that necessary to the conservation of the 658(5)–(7). ‘‘Federal intergovernmental any programs having Federal funds, species are specifically identified. This mandate’’ includes a regulation that permits, or other authorized activities information does not alter where and ‘‘would impose an enforceable duty must ensure that their actions would not what federally sponsored activities may upon State, local, or tribal governments’’ adversely affect the critical habitat. occur. However, it may assist local with two exceptions. It excludes ‘‘a Therefore, a Small Government Agency governments in long-range planning condition of Federal assistance.’’ It also Plan is not required. However, we will (rather than having them wait for case- excludes ‘‘a duty arising from further evaluate this issue as we by-case section 7 consultations to participation in a voluntary Federal conduct our economic analysis, and occur). program,’’ unless the regulation ‘‘relates review and revise this assessment if Where State and local governments to a then-existing Federal program appropriate. require approval or authorization from a under which $500,000,000 or more is Takings—Executive Order 12630 Federal agency for actions that may provided annually to State, local, and affect critical habitat, consultation tribal governments under entitlement In accordance with Executive Order 12630 (‘‘Government Actions and under section 7(a)(2) would be required. authority,’’ if the provision would Interference with Constitutionally While non-Federal entities that receive ‘‘increase the stringency of conditions of Protected Private Property Rights’’), this Federal funding, assistance, or permits, assistance’’ or ‘‘place caps upon, or rule is not anticipated to have or that otherwise require approval or otherwise decrease, the Federal significant takings implications. As authorization from a Federal agency for government’s responsibility to provide discussed above, the designation of an action, may be indirectly impacted funding,’’ and the State, local, or tribal critical habitat affects only Federal governments ‘‘lack authority’’ to adjust by the designation of critical habitat, the actions. Although private parties that accordingly. At the time of enactment, legally binding duty to avoid receive Federal funding, assistance, or these entitlement programs were: destruction or adverse modification of require approval or authorization from a Medicaid; Aid to Families with critical habitat rests squarely on the Federal agency for an action may be Federal agency. Dependent Children work programs; indirectly impacted by the designation Child Nutrition; Food Stamps; Social of critical habitat, the legally binding Civil Justice Reform—Executive Order Services Block Grants; Vocational duty to avoid destruction or adverse 12988 Rehabilitation State Grants; Foster Care, modification of critical habitat rests In accordance with Executive Order Adoption Assistance, and Independent squarely on the Federal agency. Due to 12988 (Civil Justice Reform), the Office Living; Family Support Welfare current public knowledge of the species’ of the Solicitor has determined that the Services; and Child Support protections under the Act both within rule does not unduly burden the judicial Enforcement. ‘‘Federal private sector and outside of the proposed areas, we system and that it meets the mandate’’ includes a regulation that do not anticipate that property values requirements of sections 3(a) and 3(b)(2) ‘‘would impose an enforceable duty will be affected by the critical habitat of the Order. We have proposed upon the private sector, except (i) a designation. However, we have not yet designating critical habitat in condition of Federal assistance or (ii) a completed the new economic analysis accordance with the provisions of the duty arising from participation in a for this proposed revised rule. Once the Act. This proposed rule uses standard voluntary Federal program.’’ economic analysis is available, we will property descriptions and identifies the The designation of critical habitat review and revise this preliminary elements of physical or biological does not impose a legally binding duty assessment as warranted, and prepare a features essential to the conservation of on non-Federal Government entities or Takings Implication Assessment. private parties. Under the Act, the only Allium munzii and Atriplex coronata regulatory effect is that Federal agencies Federalism—Executive Order 13132 var. notatior within the designated areas must ensure that their actions do not In accordance with Executive Order to assist the public in understanding the destroy or adversely modify critical 13132 (Federalism), this proposed rule habitat needs of these taxa. habitat under section 7. While non- does not have significant Federalism Paperwork Reduction Act of 1995 (44 Federal entities that receive Federal effects. A Federalism summary impact U.S.C. 3501 et seq.) funding, assistance, or permits, or that statement is not required. In keeping otherwise require approval or with Department of the Interior and This rule does not contain any new authorization from a Federal agency for Department of Commerce policy, we collections of information that require an action, may be indirectly impacted requested information from, and approval by OMB under the Paperwork by the designation of critical habitat, the coordinated development of, this Reduction Act of 1995 (44 U.S.C. 3501 legally binding duty to avoid proposed critical habitat designation et seq.). This rule will not impose destruction or adverse modification of with appropriate State resource agencies recordkeeping or reporting requirements critical habitat rests squarely on the in California. The designation of critical on State or local governments, Federal agency. Furthermore, to the habitat in areas currently occupied by individuals, businesses, or extent that non-Federal entities are Allium munzii or Atriplex coronata var. organizations. An agency may not indirectly impacted because they notatior may impose nominal additional conduct or sponsor, and a person is not receive Federal assistance or participate regulatory restrictions to those currently required to respond to, a collection of in a voluntary Federal aid program, the in place and, therefore, is likely to have information unless it displays a Unfunded Mandates Reform Act would little incremental impact on State and currently valid OMB control number.

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National Environmental Policy Act (42 too long, the sections where you feel References Cited U.S.C. 4321 et seq.) lists or tables would be useful, etc. A complete list of references cited in It is our position that, outside the Government-to-Government this rulemaking is available on the jurisdiction of the U.S. Court of Appeals Relationship With Tribes Internet at http://www.regulations.gov for the Tenth Circuit, we do not need to and upon request from the Field prepare environmental analyses In accordance with the President’s Supervisor, Carlsbad Fish and Wildlife pursuant to the National Environmental memorandum of April 29, 1994 Office (see FOR FURTHER INFORMATION Policy Act (NEPA; 42 U.S.C. 4321 et (Government-to-Government Relations CONTACT). seq.) in connection with designating with Native American Tribal critical habitat under the Act. We Governments; 59 FR 22951), Executive Authors published a notice outlining our reasons Order 13175 (Consultation and The primary authors of this package for this determination in the Federal Coordination with Indian Tribal are the staff members of the Carlsbad Register on October 25, 1983 (48 FR Governments), and the Department of Fish and Wildlife Office. 49244). This position was upheld by the the Interior’s manual at 512 DM 2, we U.S. Court of Appeals for the Ninth readily acknowledge our responsibility List of Subjects in 50 CFR Part 17 Circuit (Douglas County v. Babbitt, 48 to communicate meaningfully with Endangered and threatened species, F.3d 1495 (9th Cir. 1995), cert. denied recognized Federal Tribes on a Exports, Imports, Reporting and 516 U.S. 1042 (1996)).] government-to-government basis. In recordkeeping requirements, accordance with Secretarial Order 3206 Clarity of the Rule Transportation. of June 5, 1997 (American Indian Tribal We are required by Executive Orders Rights, Federal-Tribal Trust Proposed Regulation Promulgation 12866 and 12988 and by the Responsibilities, and the Endangered Accordingly, we propose to amend Presidential Memorandum of June 1, Species Act), we readily acknowledge part 17, subchapter B of chapter I, title 1998, to write all rules in plain our responsibilities to work directly 50 of the Code of Federal Regulations, language. This means that each rule we with tribes in developing programs for as set forth below: publish must: healthy ecosystems, to acknowledge that (1) Be logically organized; tribal lands are not subject to the same PART 17—ENDANGERED AND (2) Use the active voice to address controls as Federal public lands, to THREATENED WILDLIFE AND PLANTS readers directly; remain sensitive to Indian culture, and (3) Use clear language rather than to make information available to Tribes. 1. The authority citation for part 17 jargon; continues to read as follows: (4) Be divided into short sections and We determined that there are no tribal sentences; and lands within the geographical area Authority: 16 U.S.C. 1361–1407; 16 U.S.C. (5) Use lists and tables wherever occupied by Allium munzii or Atriplex 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. possible. coronata var. notatior at the time of If you feel that we have not met these listing that contain the features essential 2. Amend § 17.12(h) by revising the requirements, send us comments by one to the conservation of these taxa, and no entry for ‘‘Allium munzii (Munz’s of the methods listed in the ADDRESSES tribal lands outside the geographical onion)’’ under Flowering Plants on the section. To better help us revise the area occupied by A. munzii or A. c. var. List of Endangered and Threatened rule, your comments should be as notatior at the time of listing that are Plants to read as follows: specific as possible. For example, you essential for the conservation of these should tell us the numbers of the taxa. Therefore, we are not proposing to § 17.12 Endangered and threatened plants. sections or paragraphs that are unclearly designate critical habitat for A. munzii * * * * * written, which sections or sentences are and A. c. var. notatior on tribal lands. (h) * * *

Species Historic range Family Status When Critical Special Scientific name Common name listed habitat rules

FLOWERING PLANTS

******* Allium munzii ...... Munz’s onion ...... U.S.A. (CA) ...... Alliaceae ...... E 650 NA NA

*******

2. Amend § 17.96(a) as follows: (San Jacinto Valley crownscale)’’ to read (2) Within these areas, the primary a. Under Family Liliaceae, remove the as set forth below: constituent elements of the physical or biological features essential to the designation of critical habitat for § 17.96 Critical habitat—plants. ‘‘Allium munzii (Munz’s onion)’’; conservation of Allium munzii consist (a) Flowering plants. of one of the following two components: b. Under Family Alliaceae, add a designation of critical habitat for * * * * * (i) Clay soil series of sedimentary ‘‘Allium munzii (Munz’s onion)’’ to read Family Alliaceae: Allium munzii origin (e.g., Altamont, Auld, Bosanko, as set forth below; and (Munz’s onion) Porterville), or clay lenses (pockets of clay soils) of such that may be found as c. Under Family Chenopodiaceae, (1) Critical habitat units are depicted unmapped inclusions in other soil revise the designation of critical habitat for Riverside County, California, on the series, or soil series of sedimentary or for ‘‘Atriplex coronata var. notiatior maps below.

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igneous origin with a clay subsoil (e.g., (D) Within microhabitats that receive clay soils within Riversidean sage scrub, Cajalco, Las Posas, Vallecitos): or retain more moisture than generally between the elevations of (A) Found on level or slightly sloping surrounding areas, due in part to factors 1,200 to 2,700 ft (366 to 823 m) above landscapes or terrace escarpments; such as exposure, slope, and subsurface mean sea level. geology; and (3) Critical habitat does not include (B) Generally between the elevations (E) Part of open native or nonnative manmade structures (such as buildings, of 1,200 to 2,700 ft (366 to 823 m) above grassland plant communities and clay aqueducts, runways, roads, and other mean sea level; soil flora, including southern paved areas) and the land on which they (C) Within intact natural surface and needlegrass grassland, mixed grassland, are located existing within the legal subsurface structures that have been and open coastal sage scrub or boundaries on the effective date of this minimally altered or unaltered by occasionally in cismontane juniper rule. ground-disturbing activities (for woodlands. BILLING CODE 4310–55–P example, disked, graded, excavated, or (ii) Outcrops of igneous rocks (4) Note: Index Map for Allium recontoured); (pyroxenite) on rocky-sandy loam or munzii follows:

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(5) Subunit 1A, Estelle Mountain and habitat for Allium munzii (Munz’s (ii) Note: Map of Subunit 1A and 1B Subunit 1B, Dawson Canyon: Critical onion), Riverside County, California. follows: (i) [Reserved for textual description of Subunit 1A and Subunit 1B.]

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(6) Subunit 1C, Gavilan Plateau and for Allium munzii (Munz’s onion), (ii) Note: Map of Subunit 1C and 1D Subunit 1D, Ida-Leona: Critical habitat Riverside County, California. follows: (i) [Reserved for textual description of Subunit 1C and Subunit 1D.]

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(7) Subunit 1E, Northeast Alberhill: (Munz’s onion), Riverside County, (i) [Reserved for textual description of Critical habitat for Allium munzii California. Subunit 1E.] (ii) Note: Map of Subunit 1E follows:

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(8) Subunit 1F, North Peak: Critical (i) [Reserved for textual description of habitat for Allium munzii (Munz’s Subunit 1F.] onion), Riverside County, California. (ii) Note: Map of Subunit 1F follows:

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(9) Subunit 2A, Sycamore Creek and habitat for Allium munzii (Munz’s (ii) Note: Map of Subunit 2A and Subunit 2B, De Palma Road: Critical onion), Riverside County, California. Subunit 2B follows: (i) [Reserved for textual description of Subunit 2A and Subunit 2B.]

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(10) Subunit 2C, Alberhill Mountain: (Munz’s onion), Riverside County, (i) [Reserved for textual description of Critical habitat for Allium munzii California. Subunit 2C.] (ii) Note: Map of Subunit 2C follows:

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(11) Subunit 2D, Alberhill Creek: (Munz’s onion), Riverside County, (i) [Reserved for textual description of Critical habitat for Allium munzii California. Subunit 2D.] (ii) Note: Map of Subunit 2D follows:

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(12) Unit 3, Elsinore Peak: Critical (i) [Reserved for textual description of habitat for Allium munzii (Munz’s Unit 3.] onion), Riverside County, California. (ii) Note: Map of Unit 3 follows:

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(13) Subunit 4A, Scott Road: Critical (i) [Reserved for textual description of habitat for Allium munzii (Munz’s Subunit 4A.] onion), Riverside County, California. (ii) Note: Map of Subunit 4A follows:

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(14) Subunit 4B, Skunk Hollow: (Munz’s onion), Riverside County, (i) [Reserved for textual description of Critical habitat for Allium munzii California. Subunit 4B.] (ii) Note: Map of Subunit 4B follows:

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(15) Subunit 4C, Bachelor Mountain: (Munz’s onion), Riverside County, (i) [Reserved for textual description of Critical habitat for Allium munzii California. Subunit 4C.] (ii) Note: Map of Subunit 4C follows:

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(16) Unit 5, North Domenigoni Hills: (Munz’s onion), Riverside County, (i) [Reserved for textual description of Critical habitat for Allium munzii California. Unit 5.] (ii) Note: Map of Unit 5 follows:

* * * * * conservation of Atriplex coronata var. (ii) Slow-draining alkali soils notatior consist of two components: including the Willows, Domino, Traver, Family Chenopodiaceae: Atriplex Waukena, and Chino soil series with: coronata var. notatior (San Jacinto (i) Wetland habitat including floodplains and vernal pools: (A) Low permeability, Valley crownscale) (B) Low nutrient availability, and (A) Associated with native vegetation (1) Critical habitat units are depicted (C) Seasonal ponding and communities, including alkali playa, evaporation. for Riverside County, California, on the alkali scrub, and alkali grasslands, and maps below. (3) Critical habitat does not include (B) Characterized by seasonal manmade structures (such as buildings, (2) Within these areas, the primary inundation or localized flooding, aqueducts, runways, roads, and other constituent elements of the physical or including infrequent, large-scale flood paved areas) and the land on which they biological features essential to the events, with low pollutant loads; and are located existing within the legal

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boundaries on the effective date of this (4) Note: Index Map for Atriplex rule. coronata var. notatior follows:

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(5) Unit 1, San Jacinto River: Critical crownscale), Riverside County, (i) [Reserved for textual description of habitat for Atriplex coronata var. California. Unit 1.] notatior (San Jacinto Valley (ii) Note: Map of Unit 1 follows:

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(6) Unit 2, Upper Salt Creek: Critical crownscale), Riverside County, (i) [Reserved for textual description of habitat for Atriplex coronata var. California. Unit 2.] notatior (San Jacinto Valley (ii) Note: Map of Unit 2 follows:

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(7) Unit 3, Alberhill Creek: Critical crownscale), Riverside County, (i) [Reserved for textual description of habitat for Atriplex coronata var. California. Unit 3.] notatior (San Jacinto Valley (ii) Note: Map of Unit 3 follows:

* * * * * Dated: April 3, 2012. Eilleen Sobek, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2012–8664 Filed 4–16–12; 8:45 am] BILLING CODE 4310–55–C

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