Vol. 78 Tuesday, No. 78 April 23, 2013

Part III

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Eriogonum codium (Umtanum Desert Buckwheat) and Physaria douglasii subsp. tuplashensis (White Bluffs Bladderpod); Final Rule

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DEPARTMENT OF THE INTERIOR Service Web site and Field Office set out comments were received in response to above, and may also be included in the the DEA. Fish and Wildlife Service preamble and/or at Peer review and public comment. We www.regulations.gov. sought comments from independent 50 CFR Part 17 specialists to ensure that our FOR FURTHER INFORMATION CONTACT: Ken designation is based on scientifically [Docket No. FWS–R1–ES–2013–0012; Berg, Manager, U.S. Fish and Wildlife 4500030113] sound data, assumptions, and analyses. Service, Washington Fish and Wildlife We obtained opinions from four RIN 1018–AZ54 Office, 510 Desmond Drive, Suite 102, knowledgeable individuals with Lacey, Washington 98503–1263, by scientific expertise to review our Endangered and Threatened Wildlife telephone (360) 753–9440, or by technical assumptions, analysis, and and Plants; Designation of Critical facsimile (360) 753–9405. Persons who whether or not we had used the best Habitat for Eriogonum codium use a telecommunications device for the available information. These peer (Umtanum Desert Buckwheat) and deaf (TDD) may call the Federal reviewers generally concurred with our Physaria douglasii subsp. Information Relay Service (FIRS) at methods and conclusions and provided tuplashensis (White Bluffs 800–877–8339. additional information, clarifications, Bladderpod) SUPPLEMENTARY INFORMATION: and suggestions to improve this final rule. Information we received from peer AGENCY: Fish and Wildlife Service, Executive Summary Interior. review is incorporated in this final ACTION: Final rule. Why we need to publish a rule. This designation. We did not receive any is a final rule to designate critical comments from the public regarding the SUMMARY: We, the U.S. Fish and habitat for Umtanum desert buckwheat proposed critical habitat designation or Wildlife Service, designate critical and White Bluffs bladderpod. Under the the draft economic analysis. habitat for Umtanum desert buckwheat Endangered Species Act of 1973, as Previous Federal Actions (Erigonum codium) and White Bluffs amended (16 U.S.C. 1531 et seq.) (Act), bladderpod (Physaria douglasii subsp. any species that is determined to be an Candidate History: Umtanum desert tuplashensis) under the Act. In total, endangered or threatened species buckwheat (Eriogonum codium) and approximately 344 acres (139 hectares) requires that critical habitat be White Bluffs bladderpod (formerly are designated as critical habitat for designated, to the maximum extent Lesquerella tuplashensis, now Physaria Eriogonum codium in Benton County, prudent and determinable. Designations douglasii subsp. tuplashensis) (see Washington, and approximately 2,861 and revisions of critical habitat can only ‘‘Taxonomy’’ section below), were acres (1,158 hectares) are designated as be completed by issuing a rule. identified as candidates for possible addition to the Lists of Endangered and critical habitat for Physaria douglasii Elsewhere in today’s Federal Register, subsp. tuplashensis in Franklin County, Threatened Wildlife and Plants in our we, the U.S. Fish and Wildlife Service, Annual Candidate Notice of Review, Washington. The effect of this list Umtanum desert buckwheat and regulation is to conserve both species’ published in the Federal Register on White Bluffs bladderpod as threatened October 25, 1999 (64 FR 57542). We habitat under the Endangered Species species. On May 15, 2012, we published Act. refer to both species by their common in the Federal Register a proposed names throughout this rule. Both DATES: This rule becomes effective on listing and critical habitat designation species were given a Listing Priority May 23, 2013. for both species. Section 4(b)(2) of the Number (LPN) of 5 at that time; the LPN ADDRESSES: This final rule is available Act states that the Secretary shall is assigned to a species based on the on the Internet at http:// designate critical habitat on the basis of immediacy and magnitude of threats www.regulations.gov and at http:// the best available scientific data after and the species’ taxonomic status. In www.fws.gov/wafwo/HanfordPlants. taking into consideration the economic 1999, threats to both species were Comments and materials received, as impact, national security impact, and considered to be of high magnitude, but well as supporting documentation used any other relevant impact of specifying not imminent. However, in 2002, the in preparing this final rule are available any particular area as critical habitat. LPN for Umtanum desert buckwheat for public inspection, by appointment, The critical habitat areas we are was revised to LPN 2, which is assigned during normal business hours, at U.S. designating in this rule constitute our when threats to a species are of high Fish and Wildlife Service, Washington current best assessment of the areas that magnitude and imminence (67 FR Fish and Wildlife Office, 510 Desmond meet the definition of critical habitat for 40663; June 13, 2002), based on new Drive SE., Suite 102, Lacey, WA 98503– Umtanum desert buckwheat and White information revealing low reproduction 1263; (360) 753–9440 (telephone); (360) Bluffs bladderpod. Here we are for the species. The LPN for White 753–9008 (facsimile). designating approximately 2,744 acres Bluffs bladderpod was revised to LPN 9 The coordinates or plot points or both of Federal land, 42 acres of State land, in 2009 (74 FR 57810; November 9, from which the maps are generated are and 419 acres of private land as critical 2009), to reflect new information included in the administrative record habitat for both species. indicating threats were now moderate to for this critical habitat designation and We have prepared an economic low in magnitude and imminence. In are available at (http://www.fws.gov/ analysis of the designation of critical 2009, the Service completed a Spotlight wafwo/Hanford_Plants/FLFCH.html), habitat. In order to consider economic Species Action Plan for White Bluffs www.regulations.gov at Docket No. impacts, we have prepared an analysis bladderpod to set conservation targets FWS–R1–ES–2013–0012, and at the of the economic impacts of the critical and identify actions to achieve those (Washington Fish and Wildlife Office) habitat designations and related factors. targets for the next 5 years. This plan (see FOR FURTHER INFORMATION CONTACT). We announced the availability of the can be found on the Service’s Web site Any additional tools or supporting draft economic analysis (DEA) in the at: http://www.fws.gov/ecos/ajax/docs/ information that we may develop for May 15, 2012, proposed rule (77 FR action_plans/doc3090.pdf. The 2011 this critical habitat designation will also 28704), allowing the public to provide Notice of Review, published October 26, be available at the Fish and Wildlife comments on our analysis. No 2011 (76 FR 66370), included Umtanum

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desert buckwheat and White Bluffs Range generates a rain shadow that established as managers of the bladderpod; both species have been limits rain and snowfall in the eastern Monument; (6) a land management maintained as candidates since 1999. half of Washington State. The Cascade transfer mechanism from the DOE to the Petition History: A petition requesting Range also serves as a source of cold air, Service is established; (7) cleanup and that Umtanum desert buckwheat, White which has a considerable effect on the restoration activities are assured; and (8) Bluffs bladderpod, and several other wind regime on the Hanford reach. existing rights, including tribal rights, species be listed as endangered under Daily maximum temperatures vary from are protected. the Act was received on May 4, 2004 an average of 1.7 °Celsius (C) (35 °F (F)) (Center for Biological Diversity et al. in late December and early January, to All lands included in the Hanford [CBD] 2004, pp. 49, 100). On July 12, 36 °C (96 °F) in late July. The Hanford Reach National Monument are Federal 2011, the Service filed a multiyear work Reach is generally quite arid, with an lands under the primary jurisdiction of plan as part of a settlement agreement average annual precipitation of 16 the DOE. Approximately 66,660 ha with the Center for Biological Diversity centimeters (cm) (6.3 inches (in)). The (165,000 ac) of these acres are currently (CBD) and others in a consolidated case relative humidity at the Hanford Reach managed as an overlay refuge by the in the U.S. District Court for the District is highest during the winter months, Service through agreements with the of Columbia. The settlement agreement averaging about 76 percent, and lowest DOE. Overlay refuges exist where the was approved by the court on during the summer, averaging about 36 Service manages lands for the benefit of September 9, 2011, and will enable the percent. Average snowfall ranges from fish and wildlife resources, but is not Service to systematically review and 0.25 cm (0.1 in) in October to a the primary holder in fee title of lands address the conservation needs of more maximum of 13.2 cm (5.2 in) in forming the refuge (USFWS 2008, p. 1– than 250 species, over a period of 6 December, decreasing to 1.3 cm (0.5 in) 7). Because the Monument is years, including Umtanum desert in March. Snowfall accounts for about administered as a component of the buckwheat and White Bluffs 38 percent of all precipitation from National Wildlife Refuge System, the bladderpod. December through February (USFWS legal mandates and policies that apply We proposed listing Umtanum desert 2008, pp. 3.8–3.10). to any national wildlife refuge apply to buckwheat and White Bluffs bladderpod The Hanford Reach National the Monument. The Proclamation as threatened under the Act (16 U.S.C. Monument (Monument), which directs the DOE and the Service to 1531 et seq.) with critical habitat (77 FR includes approximately 78,780 hectares protect and conserve the area’s native 28704) on May 15, 2012, and announced (ha) (195,000 acres (ac)), contains much plant communities, specifically the availability of a draft economic of the Hanford Reach of the Columbia recognizing the area’s biologically analysis. Proposed critical habitat River. All of the land is owned by the diverse shrub steppe ecosystem included shrub steppe habitats within DOE and was formerly part of the Benton County, Washington, for 145,440-ha (360,000-ac) Hanford (USFWS 2008, pp. 1.21, 3.5). The DOE Umtanum desert buckwheat, and White installation. The Hanford installation manages approximately 11,716 ha Bluffs bladderpod within Franklin was established by the U.S. Government (29,000 ac) of land within the County, Washington. The final listing in 1943 as a national security area for Monument and retains land surface rule published elsewhere in today’s the production of weapons grade ownership or control on all Monument Federal Register. plutonium and purification facilities. acreage. Thus, the Service and DOE For more than 40 years, the primary have joint management responsibility Background mission at Hanford was associated with for the Monument. It is our intent to discuss only those the production of nuclear materials for The parcel of land where Umtanum topics directly relevant to the listing and national defense. However, large tracts desert buckwheat occurs is on part of critical habitat designations for of land were used as protective buffer what was historically called the McGee Umtanum desert buckwheat and White zones for safety and security purposes Ranch, a historical homestead of more Bluffs bladderpod in this final rule. A and remained relatively undisturbed. than 364 ha (900 ac) within the greater summary of topics relevant to this final The Monument was established by Hanford installation. Management of rule is provided below. Additional Presidential Proclamation in June 2000, this parcel has been retained by DOE information on both species may be to connect these tracts of land, due to unresolved issues related to found in the Candidate Notice of protecting the river reach and the largest contaminants. This situation is expected remnant of the shrub steppe ecosystem Review, which was published October to be resolved over time, and in the Columbia River Basin. The 26, 2011 (76 FR 66370). management conveyed to the Hanford Reach National Monument Geography, Climate, and Landscape Monument, since this area is not Proclamation identifies several Setting nationally significant resources, essential to the operation of the Hanford Umtanum desert buckwheat and including a diversity of rare native plant facility. Umtanum desert buckwheat White Bluffs bladderpod are found only and animal species, such as Umtanum and White Bluffs bladderpod both occur on the Hanford Reach of the Columbia desert buckwheat and White Bluffs in narrow, linear bands on bluffs above River, the last free-flowing stretch of the bladderpod (USFWS 2008, p. 1–4). The and on opposite sides of the Columbia Columbia River within U.S. borders. Proclamation also sets forth specific River. The populations are The Hanford Reach lies within the semi- management actions and mechanisms approximately 15 kilometers (km) (9 arid shrub steppe Pasco Basin of the that are to be followed: (1) Federal lands miles (mi)) apart, and although Columbia Plateau in south-central are withdrawn from disposition under relatively near to each other, their Washington State. The region’s climate public land laws, including all interests habitat has a widely disparate geologic is influenced by the Pacific Ocean, the in these lands, such as future mining history and subsequent soil Cascade Mountain Range to the west, claims; (2) off-road vehicle use is development. These conditions create and other mountain ranges located to prohibited; (3) the ability to apply for unique habitats and substrates that the north and east. The Pacific Ocean water rights is established; (4) grazing is support these and other rare endemic moderates temperatures throughout the prohibited; (5) the Service and DOE plants (see Species Information Pacific Northwest, and the Cascade (subject to certain provisions) are sections) within the Hanford Reach.

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Species Information ridge tops or where wind and water evening primrose), and Cryptantha erode the fine soils away (Sackschewski pterocarya (wingnut cryptantha). Umtanum Desert Buckwheat and Downs 2001, p. 2.1.1). Historical Range/Distribution Umtanum desert buckwheat is a long- The Lolo Flow contains higher levels lived, woody perennial plant that forms of titanium dioxide and lower levels of The only known population of low mats. Individual plants may exceed iron oxide than the neighboring Rosalia Umtanum desert buckwheat occurs 100 years of age, based on counts of Flow, also of the Priest Rapids Member. along the top edges of the steep slopes annual growth rings on cross sections of The flow top material commonly has a on Umtanum Ridge, a wide mountain the main stems of recently dead plants. high porosity and permeability and has ridge in Benton County, Washington, Growth rates are also extremely slow, weathered to pebble and gravel-sized where it has a discontinuous with stem diameters increasing an pieces of vesicular basalt (Reveal et al. distribution along a narrow (25–150 m average of only 0.17 millimeters (mm) 1995, p. 354). This basalt typically (82–492 ft) wide by 1.6 km (1 mi) long) (0.007 in) per year (The Nature contains small (<5 mm (0.2 in)) crystals portion of the ridge (Dunwiddie et al. Conservancy (TNC) 1998, p. 9; of the mineral olivine and rare clusters 2001, p. 59). The species was discovered Dunwiddie et al. 2001, p. 62). A detailed of plagioclase crystals (Reidel and Fecht in 1995 (Reveal et al. 1995, p. 354), and description of the identifying 1981, pp. 3–13). It is unknown if the there are no verified records of any characteristics of Umtanum desert close association of Umtanum desert collections prior to that year. buckwheat is found in Reveal et al. buckwheat with the lithosols of the Lolo Current Range/Distribution (1995, pp. 350–351). Umtanum desert Flow is related to the chemical It is unknown if the historic buckwheat is State-listed as composition or physical characteristics Endangered, with a G1 (i.e., critically distribution of Umtanum desert of the bedrock on which it is found, or buckwheat was different than the imperiled worldwide, and particularly a combination of factors not currently vulnerable to extinction) global ranking species’ current distribution, but it is understood (Reveal et al. 1995, p. 354). and an S1 (i.e., critically imperiled likely the species has been confined to Preliminary counts indicate that seed Statewide, and particularly vulnerable this location during at least the last 150 set occurs in approximately 10 percent to extinction) State ranking (WDNR years, as annual growth ring counts of flowers observed, potentially limiting 2011a, p. 5). from fire-killed plants revealed reproductive capacity. Based on a individual ages in excess of 100 years. Taxonomy pollinator exclusion study (Beck 1999, Individual plants with greater stem In 1995, Florence Caplow and pp. 25–27), the species is probably diameters (and, therefore, presumably Kathryn Beck resumed large-scale rare capable of at least limited amounts of older) are present, which supports the plant surveys on the Hanford Site that self-pollination, although the percentage 150-year minimum locality occupation were initiated in 1994 by TNC and the of seed set in the absence of pollinators estimate. appears to be low. A variety of insect DOE, as part of the Hanford Biodiversity Population Estimates/Status Project. Two previously undescribed pollinators were observed on Umtanum plant taxa were discovered, including desert buckwheat flowers, including The only known population of Umtanum desert buckwheat (Caplow ants, beetles, flies, spiders, moths and Umtanum desert buckwheat was fully and Beck 1996, p. 5). The species was butterflies (TNC 1998, p. 8). Wasps from censused (an accounting of the number fully described in Reveal et al. (1995), the families Vespidae and Typhiidae of all individuals in a population) in and the current nomenclature has been and a wasp from the species Criosciolia 1995, 1997, 2005, and 2011 (see Table unchallenged since that time. Umtanum have been observed in the vicinity of 1). In 1995, researchers counted 4,917 desert buckwheat is recognized as a Umtanum desert buckwheat, but not on living individual plants, and in 1997, distinct species, and there is no known the plant itself. A bumble bee, Bombus researchers counted 5,228 individuals controversy concerning its taxonomy. centralis, has been observed by (Dunwiddie et al. 2001, p. 61). The 1995 Washington Department of Natural census was ‘‘roughly counted’’ (Beck Habitat/Life History Resources (WDNR) specialists utilizing 1999, p. 3) (i.e., there was a greater Umtanum desert buckwheat was flowers of Umtanum desert buckwheat degree of estimation), while the 1997 discovered in 1995 during a botanical plants (Arnett 2011b, pers. comm.). count was more precise. In addition, the survey of the Hanford installation Common perennial plant associates of 1995 count may have overlooked an (Reveal et al. 1995, p. 353), and is found Umtanum desert buckwheat include isolated patch with 79 plants to the east exclusively on soils over exposed basalt Artemisia tridentata (big sagebrush), that was discovered in 2011. It is not from the Lolo Flow of the Wanapum Grayia spinosa (spiny hopsage), uncommon for estimated population Basalt Formation. As the basalt of the Krascheninnikovia lanata (winterfat), counts to be substantially lower than Lolo Flow weathers, a rocky soil type is Eriogonum sphaerocephalum (rock precise counts (Arnett 2011a, pers. formed that is classified as lithosol, a buckwheat), Salvia dorrii (purple sage), comm.). term describing the well-drained, Hesperostipa comata (needle and shallow, generally stony soils over thread), Pseudoroegneria spicata TABLE 1—UMTANUM DESERT BUCK- bedrock (Franklin and Dyrness 1973, p. (bluebunch wheatgrass), Poa secunda WHEAT POPULATION COUNTS 1995– 347), and talus slopes associated with (Sandberg’s bluegrass), Sphaeralcea 2011 eroding outcrops and cliffs. These cliffs munroana (Munro’s globemallow), (scarps) and loose rock at the base of Astragalus caricinus (buckwheat Census year Total plants cliffs or on slopes (defined as scree) are milkvetch), and Balsamorhiza careyana counted found along the crests and slopes of (Carey’s balsamroot). Common annual 1995 ...... 4,917 local hills and ridges, including east associates include Bromus tectorum 1997 ...... 5,228 Umtanum Ridge, where Umtanum (cheatgrass), Sisymbrium altissimum 2005 ...... 4,408 desert buckwheat occurs. This type of (tumblemustard), Phacelia linearis 2011 ...... 5,169 landform in the Columbia Basin is (threadleaf phacelia), Aliciella determined by the underlying basalts, leptomeria (sand gilia), Aliciella sinuata After a wildfire in 1997 burned which may be exposed above the soil on (shy gilia), Camissonia minor (small through a portion of the population, a

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subsequent count found 5,228 living during several favorable years may these bluffs, a layer of highly alkaline, and 813 dead individual plants. A ensure the long-term survival of the fossilized cemented calcium carbonate minimum of 75 percent of the 813 dead population (Dunwiddie et al. 2001, p. (caliche) soil has been exposed (Rollins individual plants died as a direct result 67). However, no demographic data et al. 1996, pp. 203–205). A detailed of the fire (Dunwiddie et al. 2001, p. 61). supported either of these scenarios for description of the identifying physical No survival or resprouting was noted in this species (Dunwiddie et al. 2001, p. characteristics of White Bluffs fire-killed plants in following years. 67). bladderpod is in Rollins et al. (1996, pp. Because a more accurate count was used An unpublished draft population 203–205) and Al-Shehbaz and O’Kane to derive the number of dead individual viability analysis (PVA) was completed (2002, pp. 319–320). White Bluffs plants (Beck 1999, p. 3), this total in 2007 by Thomas Kaye (2007, p. 5), bladderpod is State-listed as represents a fairly precise measure of based on 9 years of demographic data. Threatened, with a G2 (i.e., imperiled the impact of the 1997 wildfire on A PVA is a quantitative analysis of world-wide, vulnerable to extinction) Umtanum desert buckwheat (Arnett population dynamics, with the goal of global ranking and an S2 (i.e., 2011a, pers. comm.), although it is assessing the risk of extinction of a vulnerable to extirpation) State ranking likely some plants were totally species. The 2007 study, which took (WDNR 2011). consumed by the fire and, therefore, into account observed environmental Taxonomy unidentifiable. variability, determined there was little In 2005, researchers reported 4,408 or no risk of a 90 percent population Although specimens of this taxon living plants (Caplow 2005, p. 1), which decline within the next 100 years; an were originally collected from a represents a 15 percent decline in the approximate 13 percent chance of a population in 1883, the plant material population over an 8-year period. decline of 50 percent of the population was in poor condition, no definitive However, this result likely reflects some over the next 50 years; and a 72 percent identification could be made, and the variability in how the census was chance of a 50 percent decline within plant was not recognized as a species at performed over the years since the the next 100 years. The PVA concluded that time. The population was species was discovered in 1995. On July the decline is gradual, consistent with rediscovered in 1994, and was described 12, 2011, a complete population census the decline noted by Caplow (2005, p. and published as a species, Lesquerella was conducted, which recorded 5,169 1) between 1997 and 2005, and will tuplashensis, by Rollins et al. (1996, pp. living individuals. This count was likely take several decades to impact the 319–322). A petition requesting that L. somewhat higher than average, which population (Kaye 2007, p. 7). Although tuplashensis be listed as endangered could be attributable to a more thorough census data indicates more individuals under the Act stated that its status as a census, the identification of plant in 2011 compared to the number of valid species is uncontroversial (Center clusters not previously documented, individuals in 1995 and 2005, this for Biological Diversity et al. [CBD] and the recording of larger clumps as increase likely reflects some variability 2004, pp. 49,100). Since then, the containing more than one individual in how the census was performed. The nomenclature and taxonomy of the plant. These clumps were likely inflorescence for Umtanum desert species has been investigated. In a general paper on the taxonomy of counted as individual plants in previous buckwheat consists of a cluster of Physaria and Lesquerella, O’Kane and counts (Arnett 2011a, pers. comm.). flowers arranged on a main stem or Al-Shehbaz (2002, p. 321) combined the Demographic monitoring of the largest branch. As stated earlier, the fact that subpopulation within the main genera Lesquerella and Physaria and the 2011 census was somewhat higher reduced the species Lesquerella population commenced in 1997, and than previous plant counts may be demonstrated an average 2 percent tuplashensis to Physaria douglasii attributable to the identification of plant annual mortality of adult flowering subsp. tuplashensis (O’Kane and Al- clusters not previously documented, or plants. During the 9 years of monitoring, Shehbaz (2002, p. 322)), providing individually counting plants present in only 4 or 5 seedlings have been strong molecular, morphological, plant clusters (rather than counting the observed to survive beyond the year of distributional, and ecological data to cluster itself as one plant) (Arnett 2011a, their germination (Kaye 2007, p. 5). support the union of the two genera. pers. comm.). Since 1995, numerous Since 2007, the demographic Rollins and Shaw (1973, entire), took surveys have been conducted at other monitoring plots continue to reflect a wide view of the degree of locations within the lower Columbia population declines and minimal differentiation between species and River Basin, within every habitat type recruitment (Arnett 2011b, pers. subspecies (or varieties) of Lesquerella, comm.). Dunwiddie et al. (2001, p. 67) that appears to be suitable for Umtanum although many species of Lesquerella documented a lack of plants in the desert buckwheat. However no other are differentiated by only one or two smallest size classes and the absence of populations or individuals have been stable characters. The research of any seed survival over 1 year. Their data found to date. Rollins et al. (1996, pp. 205–206) did not indicate any spikes or gaps in Species Information recognized that, although L. the size distribution of plants that might tuplashensis and L. douglasii were quite reflect years of unusually high or low White Bluffs Bladderpod similar, they differed sufficiently in recruitment of plants, although evidence White Bluffs bladderpod is a low- morphology and phenological traits to of such could have been obscured by the growing, herbaceous, perennial plant warrant recognition as two distinct variable growth rates of the plants. with a sturdy tap root and a dense species. Simmons (2000, p. 75) Populations of long-lived species with rosette of broad gray-green pubescent suggested in a Ph.D. thesis that L. low adult mortality can survive with (having any kind of hairs) leaves tuplashensis may be an ecotype of the relatively low recruitment rates (Harper (WDNR 2010). The subspecies produces more common L. douglasii. Caplow et 1977 in Dunwiddie et al. 2001, p. 67). showy yellow flowers on relatively al. (2006, pp. 8–10) later argued that L. Further, the survival of a few seedlings short stems in May, June, and July. The tuplashensis was sufficiently different each year may be sufficient to replace subspecies inhabits dry, steep upper from douglasii to warrant a species rank the occasional adult that dies, or zone and top exposures of the White because it: (1) Was morphologically alternatively, an occasional bumper Bluffs area of the Hanford Reach at the distinct, differed in stipe (a supporting crop of seedlings surviving to maturity lower edge of the Wahluke Slope. Along stalk or stemlike structure) length and

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length-to-width ratio of stem leaves, and microthecum (slender buckwheat), Population Estimates/Status had statistically significant differences Achnatherum hymenoides (Indian The size of the population varies in all other measured characters; (2) was ricegrass), and Cryptantha spiculifera considerably between years. Censuses in reproductively isolated from L. (Snake River cryptantha). Occasionally, the late 1990s estimated more than douglasii by nonoverlapping habitat and White Bluffs bladderpod is numerous 50,000 flowering plants in high differences in phenology for virtually all enough at some locations to be population years (Evans et al. 2003, p. L. tuplashensis plants; and (3) had clear subdominant. 3–2) (see Table 2). Since 1997 to 1998 differences in the ecological niche Because of its recent discovery and when the monitoring transects currently between the two taxa. limited range, little is known of the used were selected, the population Based on molecular, morphological, subspecies’ life-history requirements. In ranged between an estimated low of phenological, reproductive, and a presentation of preliminary life- 9,650 plants in 2010 to an estimated ecological data, the conclusions in Al- history studies, Dunwiddie et al. (2002, high of 58,887 plants in 2011 (see Table Shehbaz and O’Kane (2002, p. 322) and p. 7) reported that most individuals 2). Following the monitoring period in Caplow et al. (2006, pp. 8–10) reach reproductive condition in their 2007, a large wildfire burned through combining the genera Lesquerella and first or second year, most adult plants the northern portion of the population Physaria and reducing the species flower every year, and the lifespan of within the monitoring transects. Annual Lesquerella tuplashensis to Physaria this short-lived subspecies is probably 4 monitoring was conducted through 2011 douglasii subsp. tuplashensis, provide to 5 years. The population size appears to attempt to determine the effects of the most consistent and compelling to vary from year to year (see Table 2), fire on White Bluffs bladderpod. The information available to date. Therefore, and the survival of seedlings and adults monitoring results indicated that, when we consider the White Bluffs appears to be highly variable burned and unburned transects were bladderpod a subspecies of the species (Dunwiddie et al. 2002, p. 8); however, compared, plants in burned transects Physaria douglasii, with the scientific more monitoring is needed to determine appear to have rebounded to some name Physaria douglasii subspecies the magnitude and frequency of high- extent (Newsome 2011, p. 5), although tuplashensis. and low-number years, as well as to the data have too much variability to obtain an understanding of the causes of Habitat/Life History discern that difference. However, the these annual fluctuations (Evans et al. burned transects appeared to have a The only known population of White 2003, p. 64). Monitoring by Monument Bluffs bladderpod is found primarily on mean of 24 percent fewer plants than in staff (Newsome 2011, p. 5) suggests that the unburned transects. near-vertical exposures of weathered, the annual population fluctuations cemented, alkaline, calcium carbonate appear to be tied to environmental TABLE 2—ESTIMATED* POPULATION paleosol (ancient, buried soil whose conditions, such as seasonal SIZE OF WHITE BLUFFS BLADDERPOD composition may reflect a climate precipitation and temperature. significantly different from the climate Historical Range/Distribution 10-Transect 20-Transect now prevalent in the area) (http:// Year sample sample www.alcwin.org/ In 1996, White Bluffs bladderpod was Dictionary_Of_Geology_Description-84- only known from a single population 1997 ...... 14,034 N/A P.htm). The hardened carbonate that occurred along the upper edge of 1998 ...... 31,013 32,603 paleosol caps several hundred feet of the White Bluffs of the Columbia River 1999 ...... 20,354 21,699 alkaline, easily eroded, lacustrine in Franklin County, Washington. The 2002 ...... 11,884 12,038 sediments of the Ringold Formation, a population was described to occur 2007 ...... 29,334 28,618 2008 ...... 16,928 18,400 sedimentary formation made up of soft intermittently in a narrow band (usually 2009 ...... 16,569 20,028 Pleistocene deposits of clay, gravel, less than 10 m (33 ft) wide) along an 2010 ...... 9,650 9,949 sand, and silt (Newcomb 1958, p. 328). approximately 17-km (10.6-mi) stretch 2011 ...... 47,593 58,887 The uppermost part of the Ringold of the river bluffs (Rollins et al. 1996, p. × Formation is a heavily calcified and * Mean number of plants per transect total 205). number of transects along permanent 100-m silicified cap layer to a depth of at least Current Range/Distribution (328-ft) monitoring transects (from Newsome 4.6 m (15 ft). This layer is commonly 2011, p. 3). An additional 20-transect sample called ‘‘caliche’’ although in this case, it White Bluffs bladderpod is still was added to monitoring after 1997 to in- lacks the nitrate constituents found in known only from the single population crease statistical confidence. true caliche. The ‘‘caliche’’ layer is a that occurs along the upper edge of the The high variability in estimated resistant caprock underlying the White Bluffs of the Columbia River, population numbers was confirmed by approximately 274–304 m (900–1,000 ft) Franklin County, Washington, although the 2011 data, which documented the elevation (above sea level) plateau the full extent of the subspecies’ highest population estimate since extending north and east from the White occurrence has now been described. monitoring began in 1997, even though Bluffs (Newcomb 1958, p. 330). The Most of the subspecies distribution (85 it immediately followed the year White Bluffs bladderpod may be an percent) is within lands owned by the representing the lowest estimate (2010). obligate calciphile, as are many of the Department of Energy (DOE) and once May 2011 was identified by the Hanford endemic Lesquerella (now Physaria) managed by the Washington Department Meteorological Station (http:// (Caplow 2006, pp. 2–12). The habitat of of Fish and Wildlife as the Wahluke www.hanford.gov/page.cfm/HMS) as the White Bluffs bladderpod is arid, and Wildlife Area (USFWS 2008, p. 1–3). fifth coolest and seventh wettest month vegetative cover is sparse (Rollins et al. This land remains under DOE of May recorded on the installation 1996, p. 206). ownership, and is managed by the since its establishment in 1944 Common associated plant species Hanford Reach National Monument/ (Newsome 2011, p. 2). This include: Artemisia tridentata (big Saddle Mountain National Wildlife environment likely provided ideal sagebrush), Poa secunda (Sandberg’s Refuge (Monument). The remainder of conditions for germination, growth, and bluegrass), Bromus tectorum the subspecies’ distribution is on private flowering for this year’s population (cheatgrass), Astragalus caricinus land (Newsome 2011, pers. comm.) and following a rather moist fall and mild (buckwheat milk-vetch), Eriogonum WDNR land (Arnett 2012, pers. comm.). winter season. (Autumn 2010

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precipitation was 4.6 cm (21.8 inches) following summary and have been the other factors impacting the above average; winter 2011 precipitation incorporated into the final rule as population. was 0.6 cm (0.24 inches) below average.) appropriate. (2) Comment: For White Bluffs (http://www.hanford.gov/page.cfm/hms/ Peer Reviewer Comments bladderpod, one peer reviewer stated products/seaprcp). that it seems illogical to define critical Summary of Comments and (1) Comment: One peer reviewer habitat using presumed pollinator Recommendations commented that delineating critical movement ranges (see Comment 1), but habitat for Umtanum desert buckwheat not address adjacent croplands where We requested written comments from based on the presumed range of agricultural activities (e.g., conversion the public on the proposed designation pollinators was questionable, as there is of shrub steppe to cropland, use of of critical habitat for the Umtanum little evidence regarding the relative herbicides and pesticides, etc.) may be desert buckwheat and White Bluffs importance of pollinators for this detrimental to pollinators of the species. bladderpod and the associated draft species in comparison with any other Another peer reviewer stated it would economic analysis. The comment period critical aspect of its natural history. The seem more prudent to define critical associated with the publication of the reviewer recommended that the habitat in ways that address the most proposed rule (77 FR 28704) opened on boundary be revised to include a critical potential threats (i.e., slope May 15, 2012, and closed on July 16, several-thousand-acre polygon around failure and landslides), and questioned 2012. We did not receive any requests the population, with focused actions to the rationale used to support a for a public hearing. We also contacted make the area less fire-prone (e.g., conclusion that ‘‘lands that are under appropriate Federal, State, and local establishing firebreaks and controlling agricultural use are not included in the agencies; scientific organizations; and cheatgrass). Another peer reviewer proposed critical habitat designation.’’ other interested parties and invited commented that the proposed critical them to comment on the proposed rule Our Response: We appreciate the habitat would adequately provide for comments. However, in accordance and draft economic analysis during the the needs of the species and potential comment period. with section 3(5)(A) of the Act, critical pollinators as long as funds are During the comment period, we habitat can only be designated for: (1) allocated to minimize invasive species received two public comment letters Specific areas within the geographic addressing the proposed listing for both and increase the native flora that may area occupied by the species at the time species. We did not receive any public have been reduced by invasive species. of listing that contain the physical or comments on the proposed critical Our Response: We acknowledge that biological features essential to the habitat designation or draft economic the risk of wildfire poses a significant species’ conservation, and which may analysis. All substantive information threat to Umtanum desert buckwheat. require special management provided during the comment period The larger landscape where this species considerations or protections; and (2) has either been incorporated directly occurs is within a conservation status, is specific areas outside the geographical into this final determination or is federally owned, and has restricted area occupied by the species at the time addressed below. Comments are public access. Threats, including of listing that are essential to its addressed in the following summary wildfires, invasive species, and conservation. Lands that are under and incorporated into the final rule as management actions will continue in agricultural use do not satisfy either of appropriate. the larger landscape regardless of these definitions, since they do not whether the area is designated as critical function as habitat for White Bluffs Peer Review habitat. The critical habitat designation bladderpod or pollinators, as a result of In accordance with our peer review for Umtanum desert buckwheat is based land conversion, irrigation, loss of the policy published on July 1, 1994 (59 FR on the best available scientific soil horizon, and presence of 34270), we solicited expert opinions information regarding the biological agricultural chemicals. Each of the from five knowledgeable individuals needs of the species. We used data threats that have been identified for with scientific expertise that included regarding flight distances of generalist both species will be considered during familiarity with the species, regional pollinators to delineate a critical habitat the recovery planning process under botanical knowledge, the geographical polygon that is large enough to support section 4(f)(1) of the Act, and section 7 region in which the species occur, and the existing population and ensure its consultations with Federal agencies conservation biology principles. We survival and recovery. Areas designated under section 7(a)(2). received responses from four of the peer as critical habitat must be essential to Critical Habitat Designation for reviewers. the conservation of a species under We reviewed all comments received section 3(5)(A) of the Act. We are Umtanum Desert Buckwheat and White from peer reviewers for substantive unaware of any scientific information Bluffs Bladderpod issues and new information regarding that would support an argument that a Background the listing and designation of critical several-thousand-acre polygon around habitat for the two plant species. The each of the populations is essential to Critical habitat is defined in section 3 peer reviewers generally concurred with the conservation of either Umtanum of the Act as: our methods and conclusions, and desert buckwheat or White Bluffs (1) The specific areas within the provided editorial comments, bladderpod. As previously stated, geographical area occupied by the taxonomic clarifications, additional management actions to improve habitat species, at the time it is listed in citations, and information on species and reduce the threat of wildfire will be accordance with the Act, on which are distribution, arid lands ecology, identified and incorporated within the found those physical and biological geology, and habitat associations to recovery planning process, as required features improve the final rule. These comments under section 4(f) of the Act. That (a) Essential to the conservation of the have been incorporated into the final process will consider each of the threats species; and rule, but have not been individually to the species, and develop recovery (b) Which may require special addressed below. The substantial peer tasks necessary to address wildfire, management considerations or reviewer comments are addressed in the invasive species, pollinator habitat, and protection; and

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(2) Specific areas outside the and commercial data available, those materials and expert opinion or geographical area occupied by the physical or biological features that are personal knowledge. species at the time it is listed, upon a essential to the conservation of the Habitat is dynamic, and species may determination that such areas are species (such as space, food, cover, and move from one area to another over essential for the conservation of the protected habitat). In identifying those time. We recognize that critical habitat species. physical or biological features within an designated at a particular point in time Conservation, as defined under area, we focus on the principal may not include all of the habitat areas section 3 of the Act, means to use, and biological or physical constituent that we may later determine are the use of, all methods and procedures elements (primary constituent elements necessary for the recovery of the that are necessary to bring an such as roost sites, nesting grounds, species. For these reasons, a critical endangered or threatened species to the seasonal wetlands, water quality, tide, habitat designation does not signal that point at which the measures provided soil type) that when combined compose habitat outside the designated area is pursuant to the Act are no longer the features essential to the conservation unimportant or may not be required for necessary. Such methods and of the species. recovery of the species. Areas that are procedures include, but are not limited Under the second prong of the Act’s important to the conservation of the to, all activities associated with definition of critical habitat, we can species, but are outside the critical scientific resources management such as designate critical habitat in areas habitat designation, will continue to be research, census, law enforcement, outside the geographical area occupied subject to: (1) Conservation actions we habitat acquisition and maintenance, by the species at the time it is listed, implement under section 7(a)(1) of the propagation, live trapping, and upon a determination that such areas Act, (2) regulatory protections afforded transplantation, and, in the are essential for the conservation of the by the requirement in section 7(a)(2) of extraordinary case where population species. For example, an area currently the Act for Federal agencies to ensure pressures within a given ecosystem occupied by the species but that was not their actions are not likely to jeopardize cannot be otherwise relieved, may occupied at the time of listing may be the continued existence of any include regulated taking. essential to the conservation of the endangered or threatened species, and Critical habitat receives protection species and may be included in the (3) the prohibitions of section 9 of the under section 7 of the Act through the critical habitat designation. We Act if certain actions occurring in these prohibition against Federal agencies designate critical habitat in areas areas may affect the species. Federally carrying out, funding, or authorizing the outside the geographical area occupied funded or permitted projects affecting destruction or adverse modification of by a species only when a designation listed species outside their designated critical habitat. Section 7(a)(2) requires limited to its current range would be critical habitat areas may still result in consultation on Federal actions that inadequate to ensure the conservation of jeopardy findings in some cases. These may affect critical habitat. The the species. protections and conservation tools will designation of critical habitat does not Section 4 of the Act requires that we continue to contribute to recovery of affect land ownership or establish a this species. Similarly, critical habitat refuge, wilderness, reserve, preserve, or designate critical habitat on the basis of the best scientific data available. designations made on the basis of the other conservation area. Such best available information at the time of designation does not allow the Further, our Policy on Information Standards Under the Endangered designation will not control the government or public to access private direction and substance of future lands. Such designation does not Species Act (published in the Federal Register on July 1, 1994 (59 FR 34271)), recovery plans, habitat conservation require implementation of restoration, plans (HCPs), or other species recovery, or enhancement measures by the Information Quality Act (section 515 of the Treasury and General conservation planning efforts if new non-Federal landowners. Where a information available at the time of landowner seeks or requests Federal Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106–554; H.R. these planning efforts warrants agency funding or authorization for an otherwise. action that may affect a listed species or 5658)), and our associated Information critical habitat, the consultation Quality Guidelines, provide criteria, Physical or Biological Features requirements of section 7(a)(2) of the establish procedures, and provide In accordance with sections 3(5)(A)(i) Act would apply, but even in the event guidance to ensure that our decisions and 4(b)(1)(A) of the Act and the of a destruction or adverse modification are based on the best scientific data regulations at 50 CFR 424.12, in finding, the Federal action agency’s and available. They require our biologists, to determining which areas within the the applicant’s obligation is not to the extent consistent with the Act and geographical area occupied at the time restore or recover the species, but to with the use of the best scientific data of listing to designate as critical habitat, implement reasonable and prudent available, to use primary and original we consider the physical and biological alternatives to avoid destruction or sources of information as the basis for features (PBF’s) essential to the adverse modification of critical habitat. recommendations to designate critical conservation of the species that may Under the first prong of the Act’s habitat. require special management definition of critical habitat, areas When we are determining which areas considerations or protection. These may within the geographical area occupied should be designated as critical habitat, include, but are not limited to: by the species at the time it was listed our primary source of information is (1) Space for individual and are included in a critical habitat generally the information developed population growth and for normal designation if they contain physical or during the listing process for the behavior; biological features (1) which are species. Additional information sources (2) Food, water, air, light, minerals, or essential to the conservation of the may include the recovery plan for the other nutritional or physiological species, and (2) which may require species, articles in peer-reviewed requirements; special management considerations or journals, conservation plans developed (3) Cover or shelter; protection. For these areas, critical by States and counties, scientific status (4) Sites for breeding, reproduction, or habitat designations identify, to the surveys and studies, biological rearing (or development) of offspring; extent known using the best scientific assessments, or other unpublished and

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(5) Habitats that are protected from facilitate pollinator activity. It is also critical habitat to support pollinator disturbance or are representative of the dependent on maintaining these areas species. The outer boundary of the historical, geographical, and ecological free of habitat-disturbing activities, critical habitat designation was distributions of a species. including trampling, the exclusion of primarily determined based on the flight We derive the specific PBFs required invasive, nonnative plant species, and distances of insect pollinators, which for Umtanum desert buckwheat and managing the risk of wildfire. Because are essential to the conservation of both White Bluffs bladderpod from studies of the areas of unique soils cover a species. Using GIS, we included an area each species’ habitat, ecology, and life relatively small area within the larger of native shrub steppe vegetation history as described above in the final shrub steppe matrix, we did not restrict approximately 300 m (980 ft) around the listing rule. We have determined that the designation to individual occupied population to provide habitat of the PBFs described below are essential patches, but included adequate adjacent sufficient quantity and quality to for these species. The criteria used to shrub steppe habitat to provide for support Umtanum desert buckwheat identify the geographical location of the ecosystem function. This contiguous and White Bluffs bladderpod. This designated critical habitat areas for both habitat provides the requisite physical boundary was selected because we species are described following the or biological features for both Umtanum believe it provides the minimum area Final Critical Habitat Designation desert buckwheat and White Bluffs needed to sustain an active pollinator sections below (see Criteria Used To bladderpod, including diverse native community for both species, based on Identify Critical Habitat). flowering plants and habitat to support the best available scientific information pollinators, and provides the essential (see Arnett 2011b; Evans pers. comm., Criteria Used To Identify Critical feature of habitat free from disturbances, 2001, discussed below). This distance Habitat such as invasive species and does not include all surrounding habitat As required by section 4(b)(2) of the recreational trampling. We used the potentially used by pollinators, but Act, in developing this final rule we following criteria to select areas for provides sufficient habitat for those used the best scientific data available to inclusion in critical habitat: (a) The pollinators that nest, feed, and designate critical habitat for both geographical areas containing the entire reproduce in areas adjacent to the Umtanum desert buckwheat and White distribution of habitat occupied by occupied critical habitat areas. Bluffs bladderpod. We reviewed Umtanum desert buckwheat and White Although Umtanum desert buckwheat available information that pertains to Bluffs bladderpod at the time of listing, and White Bluffs bladderpod are visited the habitat requirements of these because they are each found in only by a variety of likely pollinators, only species. In accordance with the Act and single populations and our goal is to one insect pollinator species has been its implementing regulations at 50 CFR maintain the current species extent and verified to date; the bumblebee (Bombus 424.12(e), we also consider whether genetic variability; (b) areas that provide centralis) has been confirmed as a designating additional areas outside the physical and biological features pollinator for Umtanum desert those currently occupied as well as necessary to support the species’ life- buckwheat (Arnett 2011b, pers. comm.). those occupied at the time of listing is history requirements; and (c) areas that As stated earlier, Bombus did not appear necessary to ensure the conservation of provide connectivity within and to be an appropriate surrogate to the species. These sources of between habitat for each species, and determine pollinator distance for either information included, but were not adjacent shrub steppe habitat that Umtanum desert buckwheat or White limited to: provides for pollinator life-history Bluffs bladderpod because of their 1. Data used to prepare the final rule needs. relatively long-distance foraging to list the species; The first step in delineating critical capabilities. Instead, we delineated an 2. Information from biological habitat units was to identify all areas effective pollinator use area based on surveys; that contained Umtanum desert the flight distances of solitary bees, a 3. Peer-reviewed articles, various buckwheat or White Bluffs bladderpod group of important noncolonial agency reports and databases from the populations, which was accomplished pollinators with a relatively limited Washington Department of Natural during the summer of 2011. We are flight distance. Research literature on Resources Natural Heritage Program and designating critical habitat within and flight distances was available for this the Hanford National Monument/Saddle around all occurrences of both group (Gathmann and Tscharntke (2002, Mountain National Wildlife Refuge; populations to conserve genetic p. 758), of which numerous 4. Information from the U.S. variability. These areas are representatives of the genera Department of Energy and other representative of the entire known Chelostoma, Megachile, and Osmia are governmental cooperators; historical geographic distribution of the found in shrub steppe habitat in the 5. Information from species experts; species. We then analyzed areas outside Hanford Reach area. Species within 6. Data and information presented in the populations to identify unoccupied other solitary bee genera such as academic research theses; and habitat areas essential for the Andrena, Anthophora, Habropoda, 7. Regional Geographic Information conservation of the species. The Hoplitis, and Lasioglossum have also System (GIS) data (such as species designations take into account those been identified on the Hanford occurrence data, land use, topography, features that are essential to Umtanum Installation (Evans 2011, pers. comm.). aerial imagery, soil data, and land desert buckwheat or White Bluffs This methodology assumes that ownership maps) for area calculations bladderpod and the condition of the potential pollinators with long-range and mapping. surrounding landscape features flight capabilities would be able to use The long-term survival and recovery necessary to support pollination. this proximal habitat as well (see of Umtanum desert buckwheat and We do not know if the lack of Physical and Biological Features White Bluffs bladderpod is dependent pollinators is a limiting factor, but in the section). upon protecting existing populations by absence of other information and Because the population occurrences maintaining ecological function within knowing that both species are largely of Umtanum desert buckwheat and these sites, including preserving the insect-pollinated, we believe it is White Bluffs bladderpod are linear in integrity of the unique soils and prudent to identify an area adjacent to arrangement, we established the connectivity between occurrences to the occupied areas as unoccupied occupied critical habitat areas by

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connecting the known coordinates for face below the breaks (Dunwiddie et al. the last 150 years, which indicates an occurrences, using GIS. The mean width 2001, p. 60). isolated soil exposure, unique within for the occupied areas was estimated Umtanum desert buckwheat is found the broader Columbia Basin landscape. based on monitoring and transect data exclusively on soils over exposed basalt The physiological and soil nutritional compiled by species experts. The from the Lolo Flow of the Wanapum needs of Umtanum desert buckwheat estimated mean width for Umtanum Basalt Formation at the far southeastern are not known at this time. Other desert buckwheat was determined to be end of Umtanum Ridge in Benton locations containing apparently suitable 30 m (100 ft), and 50 m (165 ft) for County, Washington. This type of habitat have been intensively searched White Bluffs bladderpod. We then landform in the lower Columbia Basin since the species’ discovery in 1995, established a 300-m (980-ft) unoccupied is determined by the underlying basalts, and no additional individuals or critical habitat polygon surrounding the which may be exposed above the soil on populations have been found to date. mean occupied habitat width to identify ridge tops or where wind and water The factors limiting the species’ insect pollinator habitat that is essential erode the fine soils away (Sackschewski distribution are unknown, but could be for the conservation of both species. We and Downs 2001, p. 2.1.1). The Lolo related to microsite differences (such as then mapped the critical habitat unit flow surface material commonly has a nutrient availability, soil microflora, soil boundaries for each of the two species high porosity and permeability. The cliff texture, or moisture). Additional based on the above criteria, using aerial area has weathered to pebble- and research is needed to determine the imagery, 7.5 minute topographic maps, gravel-sized pieces of vesicular basalt specific nutritional and physiological contour data, WDNR Wildlife Natural (basalt that contains tiny holes formed requirements for Umtanum desert Heritage Program and Washington due to gas bubbles in lava or magma) buckwheat. Department of Transportation data to and is sparsely vegetated where the Therefore, based on the information depict the critical habitat designation, species is found. It is unknown if the above, we identify the pebbly lithosol gather ownership, and acreage close association of Umtanum desert talus soils derived from surface information. buckwheat with the lithosols of the Lolo weathering of the Lolo Flow of the Flow is related to the chemical Priest Rapids Member of the Wanapum When determining critical habitat composition or physical characteristics Basalt Formation as a physical and boundaries, we made every effort to of the particular parent bedrock on biological feature essential to the avoid including developed areas such as which it is found, or other factors conservation for Umtanum desert lands covered by buildings, pavement, (Reveal et al. 1995, p. 354); however, buckwheat. These areas are sparsely other structures, tilled farm lands and that particular mineralogy is not known vegetated, with less than 10 percent orchards on private property, because from any other location. estimated total cover (including such lands lack physical or biological Therefore, based on the information Umtanum desert buckwheat) within the features for Umtanum desert buckwheat above, we identify weathered Wanapum population and less than 5 percent and White Bluffs bladderpod. The scale basalt cliffs, and adjacent outcrops, cliff cover by species other than Umtanum of the maps we prepared under the breaks, and flat or gently sloping cliff desert buckwheat, and less than 1 parameters for publication within the tops with exposed pebble and gravel percent nonnative or invasive plants Code of Federal Regulations may not soils as a physical or biological feature (Arnett 2001, pers. comm.). Areas of reflect the exclusion of such developed essential to the conservation for sparse vegetation are required to lands. Therefore, once the critical Umtanum desert buckwheat. minimize nonnative plant competition, habitat designation is finalized, a Food, Water, Air, Light, Minerals, or minimize conditions that promote the Federal action involving such Other Nutritional or Physiological accumulation of fuels, and provide for developed lands would not trigger Requirements the recovery of the species. section 7 consultation with respect to critical habitat and the requirement of The presence of unique soil structure Sites for Breeding, Reproduction, or no adverse modification, unless the and/or chemistry may determine where Rearing (or Development) of Offspring specific action would affect the physical a rare plant species exists. Umtanum The availability of insect pollinators and biological features in the adjacent desert buckwheat is found exclusively is essential to conserve Umtanum desert critical habitat. on pebbly lithosol soils over exposed buckwheat. Based on the results of a basalt from the Lolo Flow of the Priest pollinator exclusion study, the species Umtanum Desert Buckwheat Rapids Member of the Wanapum Basalt is probably capable of at least limited Space for Individual Population Growth Formation. The flow surface material amounts of self-pollination, although and for Normal Behavior commonly has a high porosity and the percentage of seedset in the absence permeability and typically contains of pollinators appears to be low (TNC Umtanum desert buckwheat is highly small (<5 mm, (0.2 in)) crystals of the 1998, p. 8; Reveal et al. 1995, p. 355). restricted in its distribution. The only mineral olivine and rare (occasional) A variety of potential insect pollinators known population occurs at elevations clusters of plagioclase crystals, and has been observed on Umtanum desert ranging between 340–400 m (1,115– differs from the other members of the buckwheat flowers, including ants, 1,310 ft) on flat to gently sloping Wanapum Formation. Basalts of the beetles, flies, spiders, moths, and substrate at the top edge of a steep, Lolo Flow contain higher levels of butterflies (TNC 1998, p. 8). Wasps from north-facing basalt cliff of Umtanum titanium dioxide and lower levels of the families Vespidae and Typhiidae Ridge overlooking the Columbia River. iron oxide than the neighboring Rosalia and from the species Criosciolia have Approximately 5,000 plants occur in a Flow, also of the Priest Rapids Member been observed near, but not on, the narrow band 1.6 km (1 mi) in length and (Reidel and Fecht 1981, p. 3–13). species. A bumble bee species, Bombus generally less than 30 m (100 ft) wide It is unknown if the distribution of centralis (no common name), has also (Reveal et al. 1995, p. 353). However, Umtanum desert buckwheat prior to been observed utilizing the flowers of individual plants have been found up to European settlement was different from Umtanum desert buckwheat (Arnett 150 m (490 ft) above the cliff breaks the species’ current distribution, but it 2011b, pers. comm.). Insect collection (Arnett 2011b, pers. comm.), and is likely that the species has been and identification efforts by Washington scattered plants occur on the steep cliff- confined to this location during at least State University on the Hanford Reach

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documented approximately 2,500 Although the specific insect pollinator within the surrounding sagebrush different species of invertebrates, 42 of species and their foraging distances are vegetation) are also needed to support which were new to science (WNPS not known, we believe 300 m (980 ft) pollinators when the species is not 2004, p. 3). represents a reasonable mid-range flowering. This surrounding and Since pollination is essential to the estimate of the area needed around the adjacent habitat will protect soils and conservation of Umtanum desert Umtanum desert buckwheat population pollinators from disturbance, slow the buckwheat, we evaluated alternatives to provide sufficient habitat for the invasion of the site by nonnative for determining the effective pollinator pollinator community. As noted above, species, and provide a diversity of distance for this species. Since specific many other insects likely contribute to habitats needed by Umtanum desert known pollinators are mostly unknown the pollination of this species, and some buckwheat and its pollinators. for the species and the species is likely may travel greater distances than Therefore, based on the information frequented by several pollinators, we solitary bees. However, these pollinators above, we identify the presence of insect investigated delineating an effective may also forage, nest, overwinter, or pollinators as a physical and biological pollinator distance based on foraging reproduce within 300 m (980 ft) of feature essential to the conservation for distances of the species’ only known Umtanum desert buckwheat plants. As Umtanum desert buckwheat. Insect pollinator, the bumble bee (Bombus a result, we limited the Umtanum desert pollinators require a diversity of native spp.). Bumble bee species are internally buckwheat pollinator support area to plants, whose blooming times overlap to guided to use a plant species as long as 300 m (980 ft) around the population, provide sufficient flowers for foraging flowers are rewarding and nearby, but based on the rationale that pollinators throughout the seasons, nesting and egg- will otherwise change to different using habitat farther away may not be as laying sites, appropriate nesting species (Chittka et al. 1997, p. 248). likely to contribute to the conservation materials, and sheltered, undisturbed Foraging ranges for Bombus are greater and recovery of this species. places for hibernation and and consistent within species; however, Vegetation cover in the vicinity of overwintering. there are substantial differences Umtanum desert buckwheat is low between species in foraging ranges and when compared with other shrub steppe Habitats Protected From Disturbance or the size of the areas they utilize. Knight sites, which may be related to substrate Representing Historical, Geographical, et al. (2005, p. 1,816) observed a chemistry. Common perennial and Ecological Distributions maximum foraging distance between associates and habitat for the pollinators The Umtanum desert buckwheat 450–760 m (1,475–2,500 ft), and listed above include Artemisia population has a discontinuous foraging ranges between 62–180 ha tridentata (Wyoming big sagebrush), distribution along a narrow, 1.6-km (1- (150–450 ac), based on studies of four Grayia spinosa (spiny hopsage), mi) long portion of Umtanum Ridge Bombus species. Because of these Krascheninnikovia lanata (winterfat), (Dunwiddie et al. 2001, p. 59). The conspecific differences, we concluded Eriogonum sphaerocephalum (round- entire known population exists within a that bumble bee foraging distances may headed desert buckwheat), Salvia dorrii narrow corridor at the top edge of the not be representative of the suite of (purple sage), Hesperostipa comata steep, north-facing basalt cliffs where pollinators that may be available to (needle and thread grass), human traffic could be expected to Umtanum desert buckwheat. Based on Pseudoroegneria spicata (bluebunch concentrate. The plants respond the limited distribution of Umtanum wheatgrass), Poa secunda (Sandberg’s negatively to trampling or crushing and desert buckwheat and the lack of bluegrass), Sphaeralcea munroana are extremely sensitive following such foraging data for Bombus centralis, we (Munro’s globemallow), Astragalus damage. In one instance, within 2 days determined that generalized Bombus caricinus (buckwheat milkvetch), and of being run over by trespassing dirt foraging range data may not be an Balsamorhiza careyana (Carey’s bikes, portions of damaged plants appropriate surrogate for determining balsamroot). Common annual associates showed signs of further decline, and in Umtanum desert buckwheat pollinator include Bromus tectorum (cheatgrass), some cases mortality, as evidenced by distance requirements. Sisymbrium altissimum damaged plants that later died (TNC We next considered using the flight (tumblemustard), Phacelia linearis 1998, p. 62). distances of solitary bees (individual, (threadleaf phacelia), Aliciella Fire appears to readily kill the slow- noncolonial bees) to determine the leptomeria (great basin gilia), Aliciella growing Umtanum desert buckwheat effective pollinator distance for the sinuata (rosy gilia), Camissonia minor plants, especially in areas with higher species. Numerous Families of this (small evening primrose), Mentzelia fuel levels. Because of the rocky talus Order (Hymenoptera) have been albicaulis (whitestem blazingstar), and soils and a relatively low fire frequency, observed in shrub steppe habitats Cryptantha pterocarya (wing-nut the species is confined to a few meters within the Hanford Reach, including the cryptantha) (Reveal et al. 1995, p. 354; of upper cliff slope, cliff breaks, and Genera Andrena, Anthophora, Caplow and Beck 1996, p. 40, Beck tops. Fires increase the risk of invasion Chelostoma, Habropoda, Hoplitis, 2012, pers. comm.). Although percent of nonnative or invasive species, Lasioglossum, Megachile, and Osmia, vegetative cover is low in close particularly cheatgrass, which competes among others (Evans 2011, pers. comm.) proximity to E. codium, species with Umtanum desert buckwheat for and are likely to be among the diversity within the adjacent plant space and moisture. In turn, the pollinators of Umtanum desert community is fairly high. Nearby establishment and growth of highly buckwheat. vegetative patches with more dense flammable and often continuous Solitary bees have fairly short foraging vegetative cover offer increased vertical cheatgrass increases the likelihood of distances within similar habitat types, habitat structure and plant species fire, potentially elevating the risk of which is suggested as being between diversity within the foraging distances impacting the Umtanum desert 150–600 m (495–1,970 ft) (Gathmann of potential pollinators. buckwheat population in the future. The and Tscharntke (2002, pp. 760–762)). In order for Umtanum desert substrate that supports Umtanum desert Three genera are found in common with buckwheat genetic exchange to occur, buckwheat likely had a lower vegetation those studied in Gathmann and pollinators must be able to move freely cover prior to the introduction of Tscharntke (2002) in the Hanford Reach; between plants. Additional pollen and cheatgrass in the 1800s. Fire is a Chelostoma, Megachile, and Osmia. nectar sources (other plant species primary threat to Umtanum desert

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buckwheat, and will likely become a Umtanum desert buckwheat occurs specifically address Umtanum desert greater threat if the frequency or severity only as a single population located buckwheat, implementation of this plan of fires increases (TNC 1998 p. 9; within a single site. With this will contribute to the protection of the Dunwiddie et al. 2001, pp. 59, 62, 66). designation of critical habitat, we intend primary constituent elements (and Therefore, based on the information to identify the physical and biological physical or biological features) by: (1) above, we identify the stable cliff and features essential to the conservation of Using a map of ‘‘sensitive resources’’ on soil structure that is protected from the species, through the identification of the site during implementation, human-caused trampling and at a low the features’ primary constituent including the location of Umtanum risk of wildfire as a physical and elements sufficient to support the life- desert buckwheat habitat; (2) requiring a biological feature essential to the history processes of the species. biologist to assist the command staff in conservation for Umtanum desert protecting these environments during Special Management Considerations or buckwheat. This habitat contains little wildfire suppression efforts; and (3) Protection or no surface disturbance and is restricting public access to the entire surrounded by diverse native pollinator When designating critical habitat, we Umtanum desert buckwheat site, habitat. assess whether the specific areas within including the pollinator use area. Public the geographical area occupied by the access without security clearance is Primary Constituent Elements for species at the time of listing contain currently prohibited at the Umtanum Umtanum Desert Buckwheat features that are essential to the desert buckwheat site, reducing the risk Under the Act and its implementing conservation of the species and that may of trampling or crushing the plants by regulations, we are required to identify require special management ORV use. Special management to the physical and biological features considerations or protection. All areas protect the designated critical habitat essential to the conservation of designated as critical habitat as areas and the features essential to the Umtanum desert buckwheat, focusing described below may require some level conservation of Umtanum desert on the features’ primary constituent of management to address the current buckwheat from the effects of the elements. We consider primary and future threats to the physical and current wildfire regime may include constituent elements to be the specific biological features essential to the preventing or restricting the compositional elements of physical and conservation of Umtanum desert establishment of invasive, nonnative biological features that are essential to buckwheat. In all of the described units, plant species, post-wildfire restoration the conservation of the species. special management may be required to with native plant species, and reducing Based on our current knowledge of ensure that the habitat is able to provide the likelihood of wildfires affecting the the physical or biological features and for the biological needs of the species. population and nearby plant community the habitat characteristics required to Further studies leading to an components. These actions may be sustain the species’ life-history process, enhancement or reintroduction plan achieved by detailed fire management we have determined that the primary may be necessary to increase population planning by the DOE, including rapid constituent elements specific to size and prepare for recovery post- response and mutual support Umtanum desert buckwheat are: wildfire. More research is needed to agreements between the DOE, the 1. Primary Constituent Element 1— determine habitats most suitable for Monument, the U.S. Department of the North to northeast facing, weathered expansion of the current population. In Army, Bureau of Land Management, and basalt cliffs of the Wanapum Formation summary, special management the Washington Department of Fish and at the eastern end of Umtanum Ridge in considerations or protections should Wildlife for wildfire control. These Benton County that contain outcrops, address activities that would be most agreements should contain sufficient cliff breaks, slopes, and flat or gently likely to result in the loss of Umtanum detail to identify actions by all partners sloping cliff tops with exposed pebble desert buckwheat plants or the necessary to protect habitat for and gravel soils; disturbance, compaction, or other Umtanum desert buckwheat from fire 2. Primary Constituent Element 2— negative impacts to the species’ habitat. escaping from other ownerships. Pebbly lithosol talus soils derived from These activities could include, but are surface weathering of the top of the Lolo not limited to, recreational activities Final Critical Habitat Designation Flow of the Priest Rapids Member of the and associated infrastructure, off-road We are designating one unit as critical Wanapum Formation; vehicle activity, dispersed recreation, habitat for the Umtanum desert 3. Primary Constituent Element 3— wildfire, and wildfire suppression buckwheat population. The critical Sparsely vegetated habitat (less than 10 activities. habitat area described below constitutes percent total cover), containing low Special management considerations our best assessment of areas that meet amounts of nonnative or invasive plant or protection will conserve the primary the definition of critical habitat for species (less than 1 percent cover); constituent elements for the species. Umtanum desert buckwheat. Within 4. Primary Constituent Element 4— Management activities that could this unit, no subunits have been The presence of insect pollinator ameliorate these threats include, but are identified. species; and not limited to, the fire management plan The approximate size and ownership 5. Primary Constituent Element 5— that has been completed for the Hanford of the designated Umtanum Ridge The presence of native shrub steppe installation (DOE 2011, p. 93) and critical habitat unit is identified in habitat within the effective pollinator recently revised to incorporate more Table 3 below. The single unit contains distance (300 m (approximately 980 ft)) detailed management objectives and currently occupied critical habitat and around the population. standards. Though not intended to unoccupied habitat surrounding it.

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TABLE 3—DESIGNATED CRITICAL HABITAT UNIT FOR UMTANUM DESERT BUCKWHEAT [Area estimates reflect all land within the critical habitat unit boundaries; values are rounded to the nearest tenth]

Occupied Unoccupied critical habitat critical habitat Percent by Total hectares Unit name Land ownership in hectares in hectares ownership (acres) (acres) (acres)

Umtanum Ridge, WA ...... Federal ...... 5.7 (14.2) 133.5 (329.9) 100 139.3 (344.1) State ...... 0 0 0 0 Private ...... 0 0 0 0

Unit Total ...... 5.7 (14.2) 135.5 (329.9) 100 139.3 (344.1)

White Bluffs Bladderpod the Ringold Formation exposed by relationship between White Bluffs natural erosion as a physical and bladderpod and the high-calcium Physical and Biological Features biological feature essential to the carbonate soils of the White Bluffs is Space for Individual and Population conservation for White Bluffs uncertain; however, the particular Growth and for Normal Behavior bladderpod. The habitat includes the combination of exposed soil types White Bluffs bladderpod is only adjacent cliff breaks, moderate to gentle where the subspecies occurs is not known from a single population that slopes (<100 percent slope) to the toe of known from any other location. occurs in a narrow band approximately slope, and flat or gently sloping cliff Therefore, based on the information 10 m (33 ft) wide by 17 km (10.6 mi) tops with exposed alkaline paleosols. above, we identify the weathered long, at the upper edge of the White This habitat is stable with a minimal alkaline paleosols and mixed soils of the Bluffs of the Hanford Reach. The amount of landslide occurrence. Ringold Formation that occur in a subspecies only occurs at the upper Food, Water, Air, Light, Minerals, or narrow band within and around the surface areas of a near-vertical exposure Other Nutritional or Physiological exposed caliche-like cap containing a of paleosol (ancient, buried soil whose Requirements high percentage of calcium carbonate as composition may reflect a climate a physical and biological feature significantly different from the climate The White Bluffs area was submerged essential to the conservation of White now prevalent in an area). This surface during the larger ice-age floods until Bluffs bladderpod. This habitat is material overlies several hundred feet of about 3 million years ago and was associated with the White Bluffs, and easily eroded sediments of the Ringold protected from high flow events by the occurs between 210–275 m (700–900 ft) Geologic Formation, a sedimentary Saddle Mountains to the north. As a in elevation. result, the area experienced little or no formation made up of soft Pleistocene Sites for Reproduction lacustrine deposits of clay, gravel, sand, erosion. A thin layer of ancient and silt (Newcomb 1958, p. 328). slackwater flood deposits overlay the Washington State University The upper part of the Ringold older paleosols and resistant cap researchers on the Hanford Reach have Formation is a heavily calcified and deposits (Bjornstad and Fecht 2002, identified approximately 2,500 different silicified cap layer that exists to a depth p. 15). White Bluffs bladderpod occurs species of invertebrates, 42 of which are of at least 4.6 m (15 ft). This layer is only on or near exposed, weathered, new to science (WNPS 2004, p. 3). geologically referred to as ‘‘caliche,’’ highly alkaline, calcium carbonate cap Larvae of a species of Cecidomyiid fly although it lacks the nitrate constituents deposits and may be an obligate have been observed infesting and found in true caliche. The caliche-like calciphile (a plant which grows well on destroying flowering buds of White layer is a resistant caprock underlying a chalky or alkaline soils), as are many of Bluffs bladderpod, and another 275–305 m (900–1,000 ft) plateau the endemic Lesquerella (now Physaria) unidentified insect species has been extending north and east from the White species (Caplow 2006, p. 3). observed boring small holes in young Bluffs (Newcomb 1958, p. 330). White Bluffs bladderpod plants are seed capsules and feeding on The entire population of White Bluffs found on several different types of soil developing ovules, although the overall bladderpod is down-slope of irrigated substrates, (e.g., paleosol, volcanic tuff, positive or negative effects of these agricultural land, and is being impacted caliche, and ancient flood deposits), insect species to the plant are unknown. to differing degrees by landslides each of which presumably have a White Bluffs bladderpod appears to be induced by water-seepage (see Factor relatively high percentage of calcium served by several pollinators, including A). The potential for landslide is carbonate (TNC 1998, p. 5). The butterflies, flies, wasps, bumblebees, greatest in the southern portion of the subspecies is occasionally observed on moths, beetles, and ant species. The subspecies’ distribution where irrigated the lower slopes of the White Bluffs, presence of nearby habitat for lands are closer to, or directly adjacent which may be related to ancient pollinators is essential to conserving to, the bluffs (Lindsey 1997, p. 12). In landslide zones or weathering and White Bluffs bladderpod, although little addition, field investigations have disturbance factors that deposit alkaline is currently known about the determined that Lesquerella (now soils down slope (Caplow and Beck reproductive biology of the subspecies. Physaria) plants can be outcompeted by 1996, p. 42). Although there are The effective pollinator distance for this nonnative, weedy plant species scattered small exposures of similar subspecies was determined by applying associated with irrigation projects and caliche substrate in coulees (i.e., deep research on known flight distances of other disturbance (TNC 1998, p. 5). ravines or gulches that are usually dry, solitary bees (individual, noncolonial Therefore, based on the information although formed by water) to the north, bees), which are known to pollinate above, we identify the weathered cliffs surveys have failed to detect the native species and commonly observed at approximately 210–275 m (700–900 subspecies in those areas (Rollins et al. in shrub steppe habitat within the ft) above sea level of the White Bluffs of 1996, p. 206). The physiological Hanford Reach. Research suggests that

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different species of solitary bees have Bluffs bladderpod. Insect pollinators indicated the negative impacts of the fairly short foraging distances within require a diversity of native plants, burn were less than expected, since 76 similar habitat types (Gathmann and surrounding and adjacent to White percent of the previous population Tscharntke 2002, p. 762); we assume Bluffs bladderpod, whose blooming numbers were observed the following other pollinating insects with longer- times overlap to provide them with year. However, large-scale wildfires range flight capabilities would also sufficient flowers for foraging continue to be a threat to the existing utilize this habitat. throughout the seasons and to provide population (Newsome 2008, pers. Solitary bees foraging distances nesting and egg-laying sites, appropriate comm.; Goldie 2008, pers. comm.) by within similar habitat types is suggested nesting materials, and sheltered, destroying pollinator habitat and as being between 150–600 m (495–1,970 undisturbed places for hibernation and facilitating competition with nonnative ft) (Gathmann and Tscharntke (2002, pp. overwintering of pollinator species. and invasive plant species that become 760–762)). Absent specific data, we established in openings created by Habitats Protected From Disturbance or believe 300 m (980 ft) represents a wildfires. reasonable mid-range estimate of the Representing Historical, Geographical, Therefore, based on the information area needed around the White Bluffs and Ecological Distributions above, we identify stable bluff bladderpod population to provide White Bluffs bladderpod grows formations and caliche-like alkaline sufficient habitat for solitary bees and exclusively on the upper edge and soils as a physical and biological feature other pollinators. As noted above, many upper face of the White Bluffs adjacent essential to the conservation for White other insects likely contribute to the to the Columbia River, where human Bluffs bladderpod. These areas (1) are at pollination of White Bluffs bladderpod, use can be high. The majority of the a low risk of wildfire, (2) are not open some may travel greater distances than population occurs within the Wahluke to motorized recreational use, (3) are solitary bees, and some likely use Unit of the Hanford Reach National protected from human-caused habitat within the 300-m (980-ft) Monument/Saddle Mountain National trampling, (4) have little or no surface pollinator area described above. Wildlife Refuge. The Wahluke Unit is disturbance, (5) are sparsely vegetated However, we limited the White Bluffs open for public access in some form in (i.e., have 10 to 15 percent total bladderpod pollinator support habitat to its entirety (USFWS 2008, p. 2–4). The vegetation cover), and (6) are 300 m (980 ft) around the population, habitat is arid, and vegetation is sparse surrounded by native pollinator habitat. based on the rationale that pollinators within the population (Rollins et al. using habitat farther away may not be as 1996, p. 206). The area supporting the Primary Constituent Elements for White likely to contribute to the conservation/ population has approximately 10–15 Bluffs Bladderpod recovery of this species. percent total vegetative cover. Species Under the Act and its implementing Common plant species associated other than White Bluffs bladderpod regulations, we are required to identify with White Bluffs bladderpod include: comprise less than 5 percent cover, and the physical and biological features Artemisia tridentata (big sagebrush), nonnative or invasive plant species essential to the conservation of White Poa secunda (Sandberg’s bluegrass), comprise less than 1 percent cover Bluffs bladderpod in areas occupied at Astragalus caricinus (buckwheat milk- (Arnett 2011c, pers. comm.). Much of the time of listing, focusing on the vetch), Eriogonum microthecum this area (85 percent) is on public land features’ primary constituent elements. (slender buckwheat), and Achnatherum that is managed as an overlay national We consider primary constituent hymenoides (Indian ricegrass). wildlife refuge on the Monument, and elements to be the specific Occasionally White Bluffs bladderpod is accessible by vehicle from a nearby compositional elements of physical and numerous enough at some locations to State highway. Off-road vehicle (ORV) biological features that are essential to be subdominant. use can impact the subspecies by the conservation of the subspecies. Species diversity within the crushing plants, destabilizing the soil, Based on our current knowledge of surrounding plant community is quite and spreading seeds of invasive plants. the physical or biological features and high, and the presence of increased Within White Bluffs bladderpod habitat, the habitat characteristics required to vegetative cover nearby offers more ORV activity is prohibited on the sustain the subspecies’ life-history habitat structure and plant species Hanford Reach National Monument process, we have determined that the diversity within the presumed effective lands, intermittent on other Federal primary constituent elements specific to flight distances of potential pollinators. lands, and is most common on private White Bluffs bladderpod are: In order for genetic exchange to occur lands. ORV use increases soil 1. Primary Constituent Element 1— between White Bluffs bladderpod disturbance and erosion, and has been Weathered alkaline paleosols and mixed individuals, pollinators must be able to observed to destroy White Bluffs soils overlying the Ringold Formation. move freely between plants. Additional bladderpod individuals since this These soils occur within and around the pollen and nectar sources (other plant activity more often takes place on the exposed caliche-like cap deposits species within the surrounding more moderate slopes where the associated with the White Bluffs of the sagebrush vegetation) are also needed to subspecies occurs (Caplow and Beck Ringold Formation, which contain a support pollinators during times when 1996, p. 42). high percentage of calcium carbonate. White Bluffs bladderpod is not Fire threatens White Bluffs These features occur between 210–275 flowering. This surrounding and bladderpod by directly burning plants m (700–900 ft) in elevation. adjacent habitat will protect soils and and opening new areas to the 2. Primary Constituent Element 2— pollinators from disturbance, slow the establishment of invasive species. A Sparsely vegetated habitat (less than 10– invasion of the site by nonnative large wildfire burned through the 15 percent total cover), containing low species, and provide a diversity of northern portion of the population in amounts of nonnative or invasive plant habitats needed by White Bluffs July 2007. The observed decline in the species (less than 1 percent cover). bladderpod and its pollinators. number of plants counted after the 2007 3. Primary Constituent Element 3— Therefore, based on the information fire was within a natural range of The presence of insect pollinator above, we identify insect pollinators as variability (between highest and lowest species. a physical and biological feature counts) determined during survey 4. Primary Constituent Element 4— essential to the conservation for White transects. The 2008–2011 monitoring The presence of native shrub steppe

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habitat within the effective pollinator managed and controlled by directing disturbance, compaction, or other distance (300 m (approximately 980 ft)). foot traffic away from the subspecies, negative impacts to the subspecies’ 5. Primary Constituent Element 5— installing fencing, and establishing habitat through landslides or other The presence of stable bluff formations appropriate signage for pedestrians and means. These activities could include, with minimal landslide occurrence. ORV traffic across unprotected but are not limited to, dispersed White Bluffs bladderpod occurs only boundaries with private and State land. recreation, off-road vehicle activity, as a single population found within a Special management to protect the wildfire, and wildfire suppression single location. With this designation of designated critical habitat areas from activities. critical habitat, we intend to identify the irrigation-induced landslides could physical and biological features include working with landowners Existing Conservation Measures essential to the conservation of the through the U.S. Department of The Service has completed a subspecies, through the identification of Agriculture (Natural Resources comprehensive conservation plan for the appropriate quantity and spatial Conservation Service) to support water the Hanford National Monument that arrangement of the primary constituent conservation practices to reduce provides a strategy and general elements sufficient to support the life- excessive groundwater charging. This conservation measures for rare plants history processes of the subspecies and program could be designed to increase that may benefit White Bluffs the geographic areas outside of the range water efficiency as a savings and benefit bladderpod. This strategy includes of the species that provide habitat for to agricultural producers as well. support for monitoring, invasive species pollinators and are essential to Management considerations could control, fire prevention, propagation, conservation of the subspecies. include coordination with the Bureau of Reclamation to make water delivery to reintroduction and GIS support (USFWS Special Management Considerations or its customers more efficient and route 2008, pp. 2–64—2–65). The Protection wastewater return such that it reduces conservation of White Bluffs bladderpod When designating critical habitat, we groundwater infiltration. Special is addressed by acknowledging that assess whether the specific areas within management to protect the designated protection is needed, and that the plant the geographical area occupied by the critical habitat area from the effects of is required to be addressed in any species at the time of listing contain wildfire may include preventing or management action (USFWS 2008, p. 3– features that are essential to the restricting the establishment of invasive, 95). conservation of the species and that may nonnative plant species, post-wildfire Final Critical Habitat Designation require special management restoration with native plant species, considerations or protection. Because and reducing the likelihood of wildfires We are designating one unit as critical the public can access the White Bluffs affecting the nearby plant community habitat for the White Bluffs bladderpod bladderpod population, there is components. Many of these actions are population. The critical habitat area increased risk for plants being trampled already in place, and need only described below constitutes our best and the spread of nonnative or invasive refinement through detailed fire assessment of that portion of the plants. To address this concern, the management planning to protect landscape that meets the definition of Hanford National Monument may designated critical habitat by the critical habitat for this population. develop a management plan on lands Monument. Within this unit, no subunits have been within its jurisdiction to protect the In summary, special management identified. The approximate size and areas designated as critical habitat for considerations or protections should ownership of the White Bluffs critical White Bluffs bladderpod, while address activities that would be most habitat unit is identified in Table 4. The continuing to allow the public to enjoy likely to result in the loss of White unit includes both occupied and the area. Recreational access may be Bluffs bladderpod plants or the unoccupied habitat.

TABLE 4—DESIGNATED CRITICAL HABITAT AREA FOR WHITE BLUFFS BLADDERPOD [Area estimates reflect all land within critical habitat unit boundaries; values are rounded to the nearest tenth]

Occupied Unoccupied critical habitat critical habitat Percent by Total hectares Unit name Land ownership in hectares in hectares ownership (acres) (acres) (acres)

White Bluffs ...... Federal ...... 87 (216) 884 (2,184) 84 971 (2,400) State ...... 2 (6) 14 (36) 2 17 (42) Private ...... 19 (47) 151 (372) 15 170 (419)

Total ...... 109 (269) 1,049 (2,592) 100 1,158 (2,861)

Effects of Critical Habitat Designation habitat of such species. In addition, Decisions by the Fifth and Ninth Section 7 Consultation section 7(a)(4) of the Act requires Circuit Courts of Appeals have Federal agencies to confer with the invalidated our regulatory definition of Section 7(a)(2) of the Act requires Service on any action which is likely to ‘‘destruction or adverse modification’’ Federal agencies, including the Service, jeopardize the continued existence of (50 CFR 402.02) (see Gifford Pinchot to ensure that any action they fund, any species listed under the Act or Task Force v. U.S. Fish and Wildlife authorize, or carry out is not likely to result in the destruction or adverse Service, 378 F.3d 1059 (9th Cir 2004) jeopardize the continued existence of modification of designated critical and Sierra Club v. U.S. Fish and any endangered or threatened species, or result in the destruction or adverse habitat. Wildlife Service et al., 245 F.3d 434, modification of designated critical 442F (5th Cir 2001)), and we do not rely

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on this regulatory definition when Reasonable and prudent alternatives those that alter the physical or analyzing whether an action is likely to can vary from slight project biological features to an extent that destroy or adversely modify critical modifications to extensive redesign or appreciably reduces the conservation habitat. Under the statutory provisions relocation of the project. Costs value of the critical habitat for of the Act, the key factor in determining associated with implementing a Umtanum desert buckwheat or White whether an action will destroy or reasonable and prudent alternative are Bluffs bladderpod. As discussed above, adversely modify critical habitat is similarly variable. the role of critical habitat is to support whether, with implementation of the Regulations at 50 CFR 402.16 require the various life-history needs and proposed Federal action, the affected Federal agencies to reinitiate provide for the conservation of both critical habitat would continue to serve consultation on previously reviewed species. its intended conservation role for the actions in instances where we have Section 4(b)(8) of the Act requires us species. listed a new species or subsequently to briefly evaluate and describe in any If a Federal action may affect a listed designated critical habitat that may be proposed or final regulation that species or its critical habitat, the affected and the Federal agency has designates critical habitat, activities responsible Federal agency (action retained discretionary involvement or involving a Federal action that may agency) must enter into consultation control over the action (or the agency’s destroy or adversely modify such with us. Examples of actions that are discretionary involvement or control is habitat, or that may be affected by such subject to the section 7 consultation authorized by law). Consequently, designation. process are actions that require a Federal agencies sometimes may need to Activities that may affect critical Federal permit (such as a permit from request reinitiation of consultation with habitat, when carried out, funded, or the U.S. Army Corps of Engineers under us on actions for which formal authorized by a Federal agency, should section 404 of the Clean Water Act (33 consultation has been completed, if result in consultation for Umtanum U.S.C. 1251 et seq.) or a permit from the those actions with discretionary desert buckwheat or White Bluffs Service under section 10 of the Act) or involvement or control may affect bladderpod. These activities include, that involve some other Federal action subsequently listed species or but are not limited to: (such as funding from the Natural designated critical habitat. (1) Actions within or near designated Resources Conservation Service or the critical habitat areas that would result in Bureau of Reclamation). Federal actions Application of the Jeopardy and Adverse Modification Standards the loss, disturbance, or compaction of not affecting listed species or critical unique soils at cliff breaks, slopes, and habitat, and actions on State, tribal, Jeopardy Standard flat to gently sloping upper surface local, or private lands that are not The jeopardy analysis usually areas. Such activities could include, but federally funded or authorized, do not expresses the survival and recovery are not limited to: require section 7 consultation. • Recreational activities and As a result of section 7 consultation, needs of the species in a qualitative fashion without making distinctions associated infrastructure; we document compliance with the • Off-road vehicle activity; requirements of section 7(a)(2) through between what is necessary for survival and what is necessary for recovery. • Dispersed recreation; our issuance of: • New road construction or widening (1) A concurrence letter for Federal Generally, the jeopardy analysis would focus on the rangewide status of or existing road maintenance; actions that may affect, but are not • New energy transmission lines, or likely to adversely affect, listed species Umtanum desert buckwheat or White Bluffs bladderpod, the factors expansion of existing energy or critical habitat; or transmission lines; (2) A biological opinion for Federal responsible for those conditions, and • Maintenance of existing energy actions that may affect, or are likely to what is necessary for the species to transmission line corridors; adversely affect, listed species or critical survive and recover. An emphasis • Wildfire suppression and post- habitat. would also be placed on characterizing the conditions of these species and their wildfire rehabilitation activities; When we issue a biological opinion • concluding that a project is likely to habitat in the area that would be Activities that result in the burial of jeopardize the continued existence of a affected by a proposed Federal action, seeds such that germinants do not listed species or destroy or adversely and the role of affected populations in successfully reach the soil surface to the survival and recovery of either flower and set seed; modify critical habitat, we provide • reasonable and prudent alternatives to Umtanum desert buckwheat or White Activities that result in compaction the project, if any are identifiable. We Bluffs bladderpod. That context would that smoothes the surface, causing seeds define ‘‘reasonable and prudent then be used to determine the to be carried away by wind or water due alternatives’’ (at 50 CFR 402.02) as significance of the adverse and to the lack of rough surface textures to beneficial effects of the proposed capture seed; alternative actions identified during • consultation that: Federal action, and any cumulative Activities that result in changes in (1) Can be implemented in a manner effects for purposes of making the soil composition leading to changes in consistent with the intended purpose of jeopardy determination. the vegetation composition, such as an increase in invasive, nonnative plant the action; Application of the ‘‘Adverse (2) Can be implemented consistent cover within and adjacent to cliff break Modification’’ Standard with the scope of the Federal agency’s microsites, resulting in decreased legal authority and jurisdiction; The key factor related to the adverse density or vigor of individual Umtanum (3) Are economically and modification determination is whether, desert buckwheat or White Bluffs technologically feasible; and with implementation of the proposed bladderpod plants; and (4) Would, in the Director’s opinion, Federal action, the affected critical • Activities that result in changes in avoid the likelihood of jeopardizing the habitat would continue to serve its soil permeability and increased runoff continued existence of the listed species intended conservation role for the that degrades, reduces, or eliminates or avoid the likelihood of destroying or species. Activities that may destroy or habitat necessary for growth and adversely modifying critical habitat. adversely modify critical habitat are reproduction of either species.

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(2) Actions within or near designated would need to consult with us if a Bluffs bladderpod pursuant to section critical habitat areas that would result in proposed action may affect a listed 4(a)(3)(B)(i) of the Act. the significant alteration of intact, species and/or designated critical Exclusions native, sagebrush-steppe habitat within habitat, to ensure that their actions do the range of Umtanum desert buckwheat not jeopardize the continued existence Application of Section 4(b)(2) of the Act or White Bluffs bladderpod. Such of the species, or destroy or adversely Section 4(b)(2) of the Act states that activities could include: modify designated critical habitat. the Secretary must designate and revise • ORV activities and dispersed Exemptions critical habitat on the basis of the best recreation; available scientific data after taking into • New road construction or widening Application of Section 4(a)(3) of the Act consideration the economic impact, or existing road maintenance; • New energy transmission lines or The Sikes Act Improvement Act of national security impact, and any other expansion of existing energy 1997 (Sikes Act) (16 U.S.C. 670a) relevant impact of specifying any transmission lines; required each military installation that particular area as critical habitat. The • Maintenance of existing energy includes land and water suitable for the Secretary may exclude an area from transmission line corridors; conservation and management of critical habitat if he determines that the • Fuels management projects such as natural resources to complete an benefits of such exclusion outweigh the prescribed burning; and integrated natural resources benefits of specifying such area as part • Rehabilitation or restoration management plan (INRMP) by of the critical habitat, unless he activities using plant species that may November 17, 2001. An INRMP determines, based on the best scientific compete with Umtanum desert integrates implementation of the data available, that the failure to buckwheat or White Bluffs bladderpod, military mission of the installation with designate will result in the extinction of or not adequately address habitat stewardship of the natural resources the species. The statute on its face, as requirements for insect pollinators. found on the base. Each INRMP well as the legislative history, is clear These activities could result in the includes: that the Secretary has broad discretion replacement or fragmentation of (1) An assessment of the ecological regarding which factor(s) to use and sagebrush-steppe habitat through the needs on the installation, including the how much weight to give to any factor degradation or loss of native shrubs, need to provide for the conservation of in making that determination. grasses, and forbs in a manner that listed species; Under section 4(b)(2) of the Act, the promotes increased wildfire frequency (2) A statement of goals and priorities; Secretary may exclude an area from and intensity, and an increase in the (3) A detailed description of designated critical habitat based on cover of invasive, nonnative plant management actions to be implemented economic impacts, impacts on national species that would compete for soil to provide for these ecological needs; security, or any other relevant impacts. matrix components and moisture and In considering whether to exclude a necessary to support the growth and (4) A monitoring and adaptive particular area from the designation, we reproduction of either species. management plan. identify the benefits of including the (3) Actions within or near designated Among other things, each INRMP area in the designation, identify the critical habitat that would significantly must, to the extent appropriate and benefits of excluding the area from the reduce pollination or seed set applicable, provide for fish and wildlife designation, and evaluate whether the (reproduction). Such activities could management; fish and wildlife habitat benefits of exclusion outweigh the include, but are not limited to: enhancement or modification; wetland benefits of inclusion. If the analysis • Recreational development and protection, enhancement, and indicates that the benefits of exclusion associated infrastructure; and restoration where necessary to support outweigh the benefits of inclusion, the • Use of pesticides, mowing, fuels fish and wildlife; and enforcement of Secretary may exercise his discretion to management projects such as prescribed applicable natural resource laws. exclude the area only if such exclusion burning, and post-wildfire rehabilitation The National Defense Authorization would not result in the extinction of the activities using plant species that may Act for Fiscal Year 2004 (Pub. L. 108– species. compete with Umtanum desert 136) amended the Act to limit areas Exclusions Based on Economic Impacts buckwheat or White Bluffs bladderpod. eligible for designation as critical These activities could prevent or habitat. Specifically, section 4(a)(3)(B)(i) Under section 4(b)(2) of the Act, we reduce successful reproduction by of the Act (16 U.S.C. 1533(a)(3)(B)(i)) consider the economic impacts of removal or destruction of reproductive now provides: ‘‘The Secretary shall not specifying any particular area as critical plant parts and could impact the habitat designate as critical habitat any lands or habitat. In order to consider economic needs of generalist insect pollinators other geographical areas owned or impacts, we prepared a draft economic through habitat degradation and controlled by the Department of Defense analysis of the proposed critical habitat fragmentation, reducing the availability (DOD), or designated for its use, that are designation and related factors (USFWS of insect pollinators for either species. subject to an integrated natural 2011). The draft analysis was made The occupied areas designated as resources management plan prepared available for public review from May 15 critical habitat contain the physical and under section 101 of the Sikes Act (16 through July 16, 2012 (77 FR 28704). biological features essential to the U.S.C. 670a), if the Secretary determines Following the close of the comment conservation of Umtanum desert in writing that such plan provides a period, a final analysis of the potential buckwheat and White Bluffs benefit to the species for which critical economic effects of the designation was bladderpod, and are within the habitat is proposed for designation.’’ developed, taking into consideration the geographic area occupied by the species There are no DOD lands with a public comments and any new at the time of listing under the Act. The completed INRMP within the proposed information (USFWS 2012). The final unoccupied areas are essential to the critical habitat designation. Therefore, economic analysis is summarized conservation of the species because they we are not exempting lands from this below, and is available at http:// provide adjacent habitats needed by final designation of critical habitat for www.regulations.gov, or upon request insect pollinators. Federal agencies Umtanum desert buckwheat or White from the Manager, Washington Fish and

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Wildlife Office (see FOR FURTHER management programs. A final analysis Exclusions Based on National Security INFORMATION CONTACT section). of the economic impacts of this Impacts The intent of the final economic designation of critical habitat (FEA) Under section 4(b)(2) of the Act, we analysis (FEA) is to quantify the (USFWS 2012), is available as consider whether there are lands owned economic impacts of all potential supporting information for the critical or managed by the Department of conservation efforts for Umtanum desert habitat designation. Defense where a national security buckwheat and White Bluffs impact might exist. In preparing this bladderpod; some of these costs will The FEA evaluates potential economic impacts of the designation, final rule, we have determined that the likely be incurred regardless of whether lands within the designation of critical we designate critical habitat (baseline). considering land ownership, reasonably foreseeable land use activities, potential habitat for Umtanum desert buckwheat The economic impact of the final and White Bluffs bladderpod are not critical habitat designation is analyzed Federal agency actions within the area owned or managed by the Department of by comparing scenarios both ‘‘with and section 7 consultation Defense and, therefore, we anticipate no critical habitat’’ and ‘‘without critical requirements, baseline conservation impact to national security. habitat.’’ The ‘‘without critical habitat’’ measures (i.e., measures that would be Consequently, the Secretary is not scenario represents the baseline for the implemented regardless of the critical exerting his discretion to exclude any analysis, considering protections habitat designation), and incremental areas from the final designation based already in place for the species (e.g., conservation measures (i.e., measures on impacts on national security. under the Federal listing and other that would be attributed exclusively to Federal, State, and local regulations). the critical habitat designation). Exclusions Based on Other Relevant The baseline, therefore, represents the Impacts costs incurred regardless of whether The FEA concludes that incremental economic impacts are unlikely, given Under section 4(b)(2) of the Act, we critical habitat is designated. The ‘‘with consider any other relevant impacts, in critical habitat’’ scenario describes the the species’ narrow geographic range and the fact that any economic impacts addition to economic impacts and incremental impacts associated impacts on national security. We specifically with the designation of related to conservation efforts to avoid adverse modification or destruction of consider a number of factors including critical habitat for the species. The whether the landowners have developed critical habitat would be, for the most incremental conservation efforts and any Habitat Conservation Plans (HCPs) part, indistinguishable from those that associated impacts are those not or other management plans for the area, expected to occur absent the designation would be required because of the listing or whether there are conservation of critical habitat for the species. In of the species under the Act. Although partnerships that would be encouraged other words, the incremental costs are unoccupied critical habitat areas are by designation of, or exclusion from, those attributable solely to the typically where incremental effects critical habitat. In addition, we look at designation of critical habitat above and would be expected, in this case any Tribal issues, and consider the beyond the baseline costs; these are the unoccupied critical habitat areas that government-to-government relationship costs we consider in the final support insect pollinators are of the United States with Tribal entities. designation of critical habitat. The immediately adjacent to occupied We also consider any social impacts that analysis looks retrospectively at critical habitat. We anticipate that, in might occur because of the designation. baseline impacts incurred since the most cases, conservation measures or In preparing this final rule, we have species was listed, and forecasts both conservation recommendations would determined that there are currently no baseline and incremental impacts likely HCPs or other management plans that to occur with the designation of critical be identical, regardless of the critical specifically address management needs habitat. habitat type. The FEA concludes that The FEA also addresses how potential any incremental costs would be limited for Umtanum desert buckwheat or economic impacts are likely to be to additional administrative costs that White Bluffs bladderpod, and the final distributed, including an assessment of would be borne by Federal agencies designation does not include any tribal any local or regional impacts of habitat associated with section 7 consultations. lands or trust resources. We anticipate conservation and the potential effects of During the development of the final no impact to tribal lands, partnerships, conservation activities on government designation, we will consider economic or HCPs from this critical habitat agencies, private businesses, and impacts, public comments, and other designation. Accordingly, the Secretary individuals. Decision-makers can use new information. Certain areas may be is not exercising his discretion to this information to assess whether the excluded from the final critical habitat exclude any areas from the final designation based on other relevant effects of the designation might unduly designation under section 4(b)(2) of the impacts. burden a particular group or economic Act and or implementing regulations at sector. The FEA quantifies economic 50 CFR 424.19. Required Determinations impacts of Umtanum desert buckwheat Our economic analysis did not and White Bluffs bladderpod Regulatory Planning and Review conservation efforts related to section 7 identify any disproportionate costs that (Executive Orders 12866 and 13563) consultation for the following categories are likely to result from the designation, Executive Order 12866 provides that of activity: (1) DOE permitting for and we did not receive any comments the Office of Information and Regulatory livestock relocation activities; (2) in response to our assessment of the Affairs (OIRA) will review all significant recreational activities on the Monument; potential economic impacts of the rules. OIRA has determined that this (3) Natural Resources Conservation proposed critical habitat designation. rule is not significant. Service (NRCS) technical and financial Consequently, the Secretary is not Executive Order 13563 reaffirms the assistance programs to landowners to exerting his discretion to exclude any principles of E.O. 12866 while calling address water management issues; (4) areas from this designation of critical for improvements in the nation’s implementation of habitat improvement habitat for Umtanum desert buckwheat regulatory system to promote actions by the Service; and (5) Bureau or White Bluffs bladderpod based on predictability, to reduce uncertainty, of Reclamation irrigation water economic impacts. and to use the best, most innovative,

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and least burdensome tools for special trade contractors doing less than the designation of critical habitat. In achieving regulatory ends. The $11.5 million in annual business, and estimating the numbers of small entities executive order directs agencies to agricultural businesses with annual potentially affected, we also considered consider regulatory approaches that sales less than $750,000. To determine whether their activities have any reduce burdens and maintain flexibility if potential economic impacts to these Federal involvement. Since the and freedom of choice for the public small entities are significant, we predominant private land use that could where these approaches are relevant, consider the types of activities that be impacted by the critical habitat feasible, and consistent with regulatory might trigger regulatory impacts under designation for White Bluffs bladderpod objectives. E.O. 13563 emphasizes this rule, as well as the types of project appears to be irrigated agriculture, we further that regulations must be based modifications that may result. In focused our RFA and SBREFA analyses on the best available science and that general, the term ‘‘significant economic to that particular activity. The the rulemaking process must allow for impact’’ is meant to apply to a typical designation is focused on Federal, State, public participation and an open small business firm’s business and private lands that contain occupied exchange of ideas. We have developed operations. habitat and the adjacent areas with this rule in a manner consistent with To determine if the rule could affect native shrub steppe vegetation that these requirements. a substantial number of small entities, provides nearby habitat for insect we consider the number of small pollinators. Lands that are under Regulatory Flexibility Act (5 U.S.C. 601 entities affected within particular types agricultural use are not included in the et seq.) of economic activities most likely to be critical habitat designation. Under the Regulatory Flexibility Act affected. We apply the ‘‘substantial In 2007, Franklin County, (RFA; 5 U.S.C. 601 et seq.), as amended number’’ test individually to each Washington, had 891 farms, which by the Small Business Regulatory industry to determine if certification is encompassed 246,664 ha (609,046 ac) Enforcement Fairness Act (SBREFA) of appropriate. However, the SBREFA does and had an average farm size of 277 ha 1996, whenever an agency must publish not explicitly define ‘‘substantial (684 ac), (http://www.co.franklin.wa.us/ a notice of rulemaking for any proposed number’’ or ‘‘significant economic assessor/demo_countywide.html ). The or final rule, it must prepare and make impact.’’ Consequently, to assess Franklin County data indicates that available for public comment a whether a ‘‘substantial number’’ of 393,025 acres were in irrigated regulatory flexibility analysis that small entities is affected by this agriculture. The market value of describes the effects of the rule on small designation, this analysis considers the agricultural products sold was $467 entities (small businesses, small relative number of small entities likely million, and the net cash return from organizations, and small government to be impacted in an area. In some agricultural sales was $116.8 million. jurisdictions). However, no regulatory circumstances, especially with critical For purposes of this analysis, we flexibility analysis is required if the habitat designations of limited extent, assumed the entire critical habitat head of the agency certifies the rule will we may aggregate across all industries designation on private lands (170 ha not have a significant economic impact and consider whether the total number (419 ac)) could be used for irrigated on a substantial number of small of small entities affected is substantial. agriculture, to determine the scope of entities. The SBREFA amended the RFA In estimating the number of small maximum impact for the designation on to require Federal agencies to provide a entities potentially affected, we also small entities (i.e., the worst-case certification statement of the factual consider whether their activities have scenario). Although the FEA does not basis for certifying that the rule will not any Federal involvement. differentiate between the acreage most have a significant economic impact on Designation of critical habitat only likely suitable for agricultural use and a substantial number of small entities. affects activities authorized, funded, or the acreage not suitable for such use, In this final rule, we are certifying that carried out by Federal agencies. Some much of the 170 ha (419 ac) is steep, and the critical habitat designation for White kinds of activities are unlikely to have contains numerous cliffs, high gradient Bluffs bladderpod will not have a any Federal involvement and so will not draws, and areas of active and dormant significant economic impact on a be affected by critical habitat soil fracturing and sloughing. substantial number of small entities (an designation. In areas where the species Accordingly, the FEA represents an analysis is not relevant to Umtanum is present, Federal agencies already are upper bound, and likely overstates the desert buckwheat, since this species required to consult with us under potential economic impacts to small occurs exclusively on Federal land). The section 7 of the Act on activities they entities. following discussion explains our authorize, fund, or carry out that may Based on Franklin County, rationale. affect Umtanum desert buckwheat or Washington, 2007 agricultural data, the According to the Small Business White Bluffs bladderpod. Federal designation would overlay Administration (SBA), small entities agencies also must consult with us if approximately 1⁄10 of 1 percent of the include small organizations, such as their activities may affect critical total irrigated acres (159,175 ha (393,025 independent nonprofit organizations; habitat. Designation of critical habitat, ac)) in the county. Approximately 65 small governmental jurisdictions, therefore, could result in an additional percent of the total land in farms including school boards and city and economic impact on small entities due (609,046 acres) consists of irrigated town governments that serve fewer than to the requirement to reinitiate acreage (393,025 acres). The 2007 50,000 residents; as well as small consultation for ongoing Federal irrigated-acres value would businesses (13 CFR 121.201). Small activities (see Application of the proportionally represent approximately businesses include manufacturing and ‘‘Adverse Modification Standard’’ $304 million of the total market value of mining concerns with fewer than 500 section). all agricultural products sold ($467 employees, wholesale trade entities In our final economic analysis of the million). Each irrigated acre, therefore, with fewer than 100 employees, retail critical habitat designation, we proportionally represents approximately and service businesses with less than $5 evaluated the potential economic effects $724 in value/year, based on the 2007 million in annual sales, general and on small business entities resulting from data. Based on this calculation, the heavy construction businesses with less conservation actions related to the maximum economic impact for the than $27.5 million in annual business, listing of White Bluffs bladderpod and entire 419 acres of private land

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designated as critical habitat would be economic impact on a substantial data, although a substantial percentage $303,559 if all acreage were conducive number of small entities. Since the of this acreage is not conducive to to and planned for irrigation agricultural average size of a farm in Franklin agricultural use because of steep use. However, since much of this County, Washington, is 277 ha (684 ac), topography and erosion potential. In acreage is not suitable for agriculture 170 ha (419 ac) represents addition, the designation of critical based on topography, the actual approximately 61 percent of the size of habitat would not affect private property economic impact would likely be one average farm; there are 891 farms in unless a proposed development activity considerably less. Based on this analysis the County. Each private property acre required Federal authorization or (see Table 5), the designation of critical within the critical habitat designation involved Federal funding, which habitat within the 419 acres of private potentially represents approximately consideration is uncertain. property would not have a significant $724 in annual value based on 2007

TABLE 5—POTENTIAL UPPER BOUND ECONOMIC IMPACT TO PRIVATE LAND OF THE CRITICAL HABITAT DESIGNATION FOR WHITE BLUFFS BLADDERPOD *

Description Variable Value

1. Total land in farms (acres) ...... (a) ...... 609,046 2. Lands in irrigated farms (acres) ...... (b) ...... 393,025 3. Market value agricultural products sold ...... (c) ...... $467,014,000 4. Net cash return from agricultural sales ...... (d) ...... $116,803,000 5. Designated critical habitat acres ...... (e) ...... 419 6. Percent of (a) represented by (b): [(b) ÷ (a)] ...... (f) ...... 65% 7. Proportional (d) represented by (b): [(b) × 0.65] ...... (g) ...... $303,559,100 8. Percentage of (b) represented by (e): [(e) ÷ (b)] ...... (h) ...... 0.001% 9. Proportional value of (g) represented by (e): [(g) × (h)] ...... (i) ...... $303,559 10. Proportional value (i) per acre (e): [(i) ÷ (e)] ...... (j) ...... $724 * Based on 2007 Franklin County tax assessor data.

Other than the above 170 ha (419 ac), Energy Supply, Distribution, or Use— expand its existing transmission system the remainder of the areas designated as Executive Order 13211 in the vicinity of the Monument to meet critical habitat for White Bluffs Executive Order 13211 (Actions future needs for moving electricity from bladderpod are either on State or Concerning Regulations that generation sources in Montana, northern Federal lands. Federal and State Significantly Affect Energy Supply, Idaho, and northeastern Washington to governments are not considered small Distribution, or Use) requires agencies load centers in the Pacific Northwest. entities for purposes of our RFA to prepare Statements of Energy Effects Any activities related to transmission analysis. when undertaking certain actions. system expansion would first require Based on the best available scientific Seventeen high-voltage transmission study and analysis under the National and commercial data, we have not lines cross the Monument boundaries, Environmental Policy Act and identified a significant number of small 11 of which cross the Hanford Reach. coordination with the DOE and FWS to entities that may be impacted by the There are also two electric substations ensure protection of the Monument’s natural and cultural resources (USFWS critical habitat designation, based on and several microwave towers located 2008, p. 3–169). This analysis would be land ownership information. Small within the Monument boundaries. required regardless of the designation of entities are consequently anticipated to Periodic patrols and 24-hour access for emergency replacement of failed critical habitat for Umtanum desert bear a relatively low-cost impact as a buckwheat or White Bluffs bladderpod. result of the designation of critical equipment are required for these facilities, and lines are patrolled by However, we have no information habitat for White Bluffs bladderpod. We indicating that new energy projects are did not receive any comments helicopter usually three times each year to assess potential problem areas. planned for areas within the boundaries expressing disagreement, interest, or Helicopters may also be used in lieu of of the designated critical habitat units, concern regarding our assessment of the ground vehicles for maintenance or or that any of the maintenance activities potential economic impacts of the repairs (FWS 2008, p. 3–168). Other described above would affect either the critical habitat designation. In summary, than an existing Bonneville Power Umtanum desert buckwheat or White we considered whether this designation Administration (BPA) overhead Bluffs bladderpod populations. would result in a significant economic transmission line near the Umtanum Accordingly, we do not expect the effect on a substantial number of small desert buckwheat population on lands designation of this critical habitat to entities. Based on the above reasoning administered by the Department of significantly affect energy supplies, and currently available information, we Energy (DOE), there are no energy distribution, or use. concluded that this rule would not facilities within the footprint of the The Office of Management and Budget result in a significant economic impact designated critical habitat boundaries. (OMB) has provided guidance for on a substantial number of small The BPA has existing agreements with implementing this Executive Order entities. Therefore, we are certifying that the DOE (the agency managing the land when undertaking certain actions. OMB the designation of critical habitat for where the Umtanum desert buckwheat has provided guidance for White Bluffs bladderpod will not have population occurs) for management of implementing this Executive Order that a significant economic impact on a transmission line rights-of-way, access outlines nine outcomes that may substantial number of small entities, roads, microwave tower lines-of-sight, constitute ‘‘a significant adverse effect’’ and a regulatory flexibility analysis is electric power substations, and other when compared to not taking the not required. sites. The BPA will likely need to regulatory action under consideration,

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which include: (1) Reductions in crude these entitlement programs were: Department of the Interior. By oil supply in excess of 10,000 barrels Medicaid; Aid to Families with definition, Federal agencies are not per day; (2) reductions in fuel Dependent Children work programs; considered small entities, although the production in excess of 4,000 barrels per Child Nutrition; Food Stamps; Social activities they fund or permit may be day; (3) reductions in coal production in Services Block Grants; Vocational proposed or carried out by small excess of 5 million tons per year; (4) Rehabilitation State Grants; Foster Care, entities. Given the limited incremental reductions in natural gas production in Adoption Assistance, and Independent costs and the predominant Federal excess of 25 million cubic feet per year; Living; Family Support Welfare ownership of lands affected by the (5) reductions in electricity production Services; and Child Support critical habitat designation, we do not in excess of 1 billion kilowatts hours per Enforcement. ‘‘Federal private sector believe that the critical habitat would year or in excess of 500 megawatts of mandate’’ includes a regulation that significantly or uniquely affect small installed capacity; (6) increases in ‘‘would impose an enforceable duty government entities. As such, a Small energy use required by the regulatory upon the private sector, except (i) a Government Agency Plan is not action that exceed thresholds (1) condition of Federal assistance or (ii) a required. through (6) above; (7) increases in the duty arising from participation in a cost of energy production in excess of voluntary Federal program.’’ Takings—Executive Order 12630 one percent; (8) increases in the cost of The designation of critical habitat energy distribution in excess of one does not impose a legally binding duty In accordance with Executive Order percent; and (9) other similarly adverse on non-Federal government entities or 12630 (Government Actions and outcomes. None of these criteria are private parties. Under the Act, the only Interference with Constitutionally relevant to this analysis. Thus, based on regulatory effect is that Federal agencies Protected Private Property Rights), this information in the economic analysis, must ensure that their actions do not rule is not anticipated to have energy-related impacts associated with destroy or adversely modify critical significant takings implications. As Umtanum desert buckwheat and White habitat under section 7. While non- discussed above, the designation of Bluffs bladderpod conservation Federal entities that receive Federal critical habitat affects only Federal activities within critical habitat are not funding, assistance, or permits, or that actions. Although private parties that expected. As such, the designation of otherwise require approval or receive Federal funding, assistance, or critical habitat is not expected to authorization from a Federal agency for require approval or authorization from a significantly affect energy supplies, an action, may be indirectly impacted Federal agency for an action may be distribution, or use. Therefore, this by the designation of critical habitat, the indirectly impacted by the designation action is not a significant energy action, legally binding duty to avoid of critical habitat, the legally binding and no Statement of Energy Effects is destruction or adverse modification of duty to avoid destruction or adverse required. critical habitat rests squarely on the modification of critical habitat rests Federal agency. Furthermore, to the Unfunded Mandates Reform Act squarely on the Federal agency. Because extent that non-Federal entities are of the relationship between occupied In accordance with the Unfunded indirectly impacted because they and unoccupied critical habitat and the Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate status of the species, the draft economic seq.), we make the following findings: in a voluntary Federal aid program, the analysis predicted an adverse This rule will not produce a Federal Unfunded Mandates Reform Act would modification determination would in mandate. In general, a Federal mandate not apply, nor would critical habitat most cases result in a jeopardy finding is a provision in legislation, statute, or shift the costs of the large entitlement for the same action. In addition, we regulation that would impose an programs listed above onto State enforceable duty upon State, local, or concluded in the final economic governments. analysis that this rule would not result Tribal governments, or the private We do not believe that this rule will in a significant economic impact on a sector, and includes both ‘‘Federal significantly or uniquely affect small substantial number of small entities. intergovernmental mandates’’ and governments because it would not ‘‘Federal private sector mandates.’’ produce a Federal mandate of $100 Therefore, the designation of critical These terms are defined in 2 U.S.C. million or greater in any year; that is, it habitat for White Bluffs bladderpod will 658(5)–(7). ‘‘Federal intergovernmental is not a ‘‘significant regulatory action’’ not have a significant economic impact. mandate’’ includes a regulation that under the Unfunded Mandates Reform No comments were received on the draft ‘‘would impose an enforceable duty Act. The final economic analysis economic analysis, and no additional upon State, local, or [T]ribal concludes that, for Federal agencies, information is available regarding its governments’’ with two exceptions. It section 7 consultation costs under the conclusion regarding incremental excludes ‘‘a condition of Federal section 7(a)(2) jeopardy standard for an effects. We therefore believe the assistance.’’ It also excludes ‘‘a duty informal consultation with third party conclusions regarding incremental arising from participation in a voluntary involvement are estimated to be $7,200. effects of the designation are valid. Any Federal program,’’ unless the regulation Adding a critical habitat component to incremental regulatory burdens ‘‘relates to a then-existing Federal the section 7 consultation would attributed to the designation of critical program under which $500,000,000 or increase that cost to $7,920. The section habitat would be expected to be more is provided annually to State, 7 consultation costs under the section minimal and predominantly associated local, and [T]ribal governments under 7(a)2 jeopardy standard for a formal with additional administrative costs entitlement authority,’’ if the provision consultation with third party related to section 7 consultations. The would ‘‘increase the stringency of involvement was estimated to be takings implications assessment conditions of assistance’’ or ‘‘place caps $15,000, and adding a critical habitat concludes that the designation of upon, or otherwise decrease, the Federal component to the section 7 consultation critical habitat for Umtanum desert Government’s responsibility to provide would increase that cost to $16,500. The buckwheat and White Bluffs bladderpod funding,’’ and the State, local, or Tribal lands within this critical habitat does not pose a significant takings governments ‘‘lack authority’’ to adjust designation are predominantly owned implication for lands within or affected accordingly. At the time of enactment, by the Department of Energy and the by the designation.

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Federalism—Executive Order 13132 Bluffs bladderpod within the designated at the time of listing that contain the In accordance with Executive Order areas to assist the public in features essential for conservation of the 13132 (Federalism), this rule does not understanding the habitat needs of the species, or unoccupied by these species have significant Federalism effects. A species. and essential to their conservation. federalism impact summary statement is Paperwork Reduction Act of 1995 (44 Therefore, we are not designating any not required. In keeping with U.S.C. 3501 et seq.) Tribal lands as critical habitat for either Umtanum desert buckwheat or White Department of the Interior policy, we This rule does not contain any new Bluffs bladderpod. The Confederated requested information from, and collections of information that require coordinated development of, this approval by the Office of Management Tribes and Bands of the Yakima Nation critical habitat designation with the and Budget (OMB) under the Paperwork indicated they have interest in appropriate State resource agencies in Reduction Act of 1995 (44 U.S.C. 3501 protecting and managing resources Washington. We did not receive et seq.). This rule will not impose occurring in the Ceded Territories comments from any State of Washington recordkeeping or reporting requirements designated under the Treaty of 1855. government agencies. The designation on State or local governments, The Tribe submitted a letter stating they of critical habitat in areas currently individuals, businesses, or are supportive of the ‘‘Federal special occupied by Umtanum desert organizations. An agency may not status listing’’ of Umtanum desert buckwheat and White Bluffs bladderpod conduct or sponsor, and a person is not buckwheat and White Bluffs may impose no additional regulatory required to respond to, a collection of bladderpod. restrictions to those currently in place information unless it displays a and, therefore, has little incremental currently valid OMB control number. References Cited impact on State and local governments and their activities. The designation National Environmental Policy Act A complete list of all references cited may have some benefit to these (NEPA) (42 U.S.C. 4321 et seq.) in this final rule is available on the governments because the areas that It is our position that, outside the Internet at http://www.regulations.gov, contain the physical or biological jurisdiction of the U.S. Court of Appeals or upon request from the Manager, features essential to the conservation of for the Tenth Circuit, we do not need to Washington Fish and Wildlife Office the species are more clearly defined, prepare environmental analyses as (see FOR FURTHER INFORMATION CONTACT and the elements of the features of the defined by NEPA (42 U.S.C. 4321 et section). habitat necessary to the conservation of seq.) in connection with designating Author(s) the species are specifically identified. critical habitat under the Act. We This information does not alter where published a notice outlining our reasons The primary authors of this final rule and what federally sponsored activities for this determination in the Federal are the staff members of the Central may occur. However, it may assist local Register on October 25, 1983 (48 FR Washington Field Office. governments in long-range planning 49244). This position was upheld by the (rather than having them wait for case- U.S. Court of Appeals for the Ninth List of Subjects in 50 CFR Part 17 by-case section 7 consultations to Circuit (Douglas County v. Babbitt, 48 Endangered and threatened species, occur). F.3d 1495 (9th Cir. 1995), cert. denied Exports, Imports, Reporting and Where State and local governments 516 U.S. 1042 (1996)). require approval or authorization from a recordkeeping requirements, and Government-to-Government Federal agency for actions that may Transportation. Relationship With Tribes affect critical habitat, consultation Regulation Promulgation under section 7(a)(2) would be required. In accordance with the President’s While non-Federal entities that receive memorandum of April 29, 1994, Accordingly, we hereby amend part Federal funding, assistance, or permits, Government-to-Government Relations 17, subchapter B of chapter I, title 50 of or that otherwise require approval or with Native American Tribal the Code of Federal Regulations, as set authorization from a Federal agency for Governments (59 FR 22951), Executive forth below: an action, may be indirectly impacted Order 13175, and the Department of the by the designation of critical habitat, the Interior’s manual at 512 DM 2, we PART 17—[AMENDED] legally binding duty to avoid readily acknowledge our responsibility destruction or adverse modification of to communicate meaningfully with ■ 1. The authority citation for part 17 critical habitat rests squarely on the recognized Federal Tribes on a continues to read as follows: Federal agency. government-to-government basis. In accordance with Secretarial Order 3206 Authority: 16 U.S.C. 1361–1407; 1531– Civil Justice Reform—Executive Order of June 5, 1997, ‘‘American Indian 1544; 4201–4245, unless otherwise noted. 12988 Tribal Rights, Federal-Tribal Trust ■ 2. In § 17.96, amend paragraph (a) by In accordance with Executive Order Responsibilities, and the Endangered adding an entry for ‘‘Physaria douglasii 12988 (Civil Justice Reform), the Office Species Act’’, we readily acknowledge subsp. tuplashensis (White Bluffs of the Solicitor has determined that the our responsibilities to work directly bladderpod)’’ in alphabetical order rule does not unduly burden the judicial with Tribes in developing programs for under Family Brassicaceae and an entry system and that it meets the healthy ecosystems, to acknowledge that for ‘‘Eriogonum codium (Umtanum requirements of sections 3(a) and 3(b)(2) tribal lands are not subject to the same desert buckwheat)’’ in alphabetical controls as Federal public lands, to of the Executive Order. We are order under Family Polygonaceae to designating critical habitat in remain sensitive to Native American read as follows: accordance with the provisions of the Indian culture, and to make information Act. This final rule identifies the available to Tribes. We determined that § 17.96 Critical habitat—plants. elements of physical and biological there are no tribal lands that are either features essential to the conservation of occupied by Umtanum desert (a) Flowering plants. Umtanum desert buckwheat and White buckwheat or White Bluffs bladderpod * * * * *

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Family Brassicaceae: Physaria douglasii containing low amounts of nonnative or coordinates. These coordinates establish subsp. tuplashensis (White Bluffs invasive plant species (less than 1 the vertices of the unit boundaries. The bladderpod) percent cover). map in this entry, as modified by any (1) The critical habitat unit is (iii) The presence of insect pollinator accompanying regulatory text, establish depicted for Franklin County, species. the boundaries of the critical habitat Washington, on the map at paragraph (iv) The presence of native shrub designation. The coordinates or plot (5) of this entry. steppe habitat within the effective points or both on which the map is (2) The primary constituent elements pollinator distance (300 m based are available to the public at the of the physical and biological features (approximately 980 ft)). field office internet site (http:// essential to the conservation of critical (v) The presence of stable bluff www.fws.gov/wafwo/HanfordPlants/ habitat for Physaria douglasii subsp. formations with minimal landslide FLFCH.html), http:// tuplashensis are the following: occurrence. www.regulations.gov at Docket No. (i) Weathered alkaline paleosols and (3) Critical habitat does not include FWS–R1–ES–2013–0012, and at the mixed soils overlying the Ringold irrigated private lands or manmade Service’s Washington Fish and Wildlife Formation. These soils occur within and structures (such as buildings, pavement, Office. You may obtain field office around the exposed caliche-like cap or other structures) and the land on location information by contacting one deposits associated with the White which they are located existing within of the Service regional offices, the Bluffs of the Ringold Formation, which the legal boundaries on the effective addresses of which are listed at 50 CFR contain a high percentage of calcium date of this rule. 2.2. carbonate. These features occur between (4) This critical habitat unit was (5) Note: Map of critical habitat for 210–275 m (700–900 ft) in elevation. mapped using Universal Transverse Physaria douglasii subsp. tuplashensis (ii) Sparsely vegetated habitat (less Mercator, Zone 11, North American (White Bluffs bladderpod) follows: than 10–15 percent total cover), Datum 1983 (UTM NAD 83) BILLING CODE 4310–55–P

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* * * * * (i) North- to northeast-facing, (iii) Sparsely vegetated habitat (less than 10 percent total cover), containing Family Polygonaceae: Eriogonum weathered basalt cliffs of the Wanapum codium (Umtanum desert buckwheat) Formation at the eastern end of low amounts of nonnative or invasive Umtanum Ridge in Benton County that plant species (less than 1 percent cover). (1) The critical habitat unit is contain outcrops, cliff breaks, slopes, (iv) The presence of insect pollinator depicted for Benton County, and flat or gently sloping cliff tops with Washington, on the map at paragraph species. exposed pebble and gravel soils. (5) of this entry. (v) The presence of native shrub (2) The primary constituent elements (ii) Pebbly lithosol talus soils derived steppe habitat within the effective of the physical and biological features from surface weathering of the top of the pollinator distance (300 m essential to the conservation of Lolo Flow of the Priest Rapids Member (approximately 980 ft)) around the Eriogonum codium are the following: of the Wanapum Formation. population.

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(3) Critical habitat does not include the vertices of the unit boundaries. The FWS–R1–ES–2013–0012, and at the manmade structures (such as buildings, maps in this entry, as modified by any Service’s Washington Fish and Wildlife pavement, or other structures) and the accompanying regulatory text, establish Office. You may obtain field office land on which they are located existing the boundaries of the critical habitat location information by contacting one within the legal boundaries on the designation. The coordinates or plot of the Service regional offices, the effective date of this rule. points or both on which the map is addresses of which are listed at 50 CFR (4) This critical habitat unit was based are available to the public at the 2.2. mapped using Universal Transverse field office Internet site (http:// Mercator, Zone 11, North American www.fws.gov/wafwo/HanfordPlants/ (5) Note: Map of critical habitat for Datum 1983 (UTM NAD 83) FLFCH.html), http:// Eriogonum codium (Umtanum desert coordinates. These coordinates establish www.regulations.gov at Docket No. buckwheat) follows:

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* * * * * Dated: April 12, 2013. Rachel Jacobson, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2013–09404 Filed 4–22–13; 8:45 am] BILLING CODE 4310–55–C

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