Tuesday, December 24, 2002

Part II

Department of the Interior 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Five Carbonate Plants From the San Bernardino Mountains in Southern California; Final Rule

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DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: The and a number of private stakeholders Carlsbad Fish and Wildlife Office, at the (e.g., mining interests) are in the process Fish and Wildlife Service above address; telephone 760/431–9440, of developing the Carbonate Habitat facsimile 760/431–5902. Information Management Strategy (draft CHMS) to 50 CFR Part 17 regarding this designation is available in conserve four of the five subject alternate formats upon request. carbonate plants while accommodating RIN 1018–AI27 SUPPLEMENTARY INFORMATION: other land uses. The USFS is the lead agency for this action. The goals of the Endangered and Threatened Wildlife Background and Plants; Designation of Critical CHMS are: (1) To protect the listed Habitat for Five Carbonate Plants From The five plants addressed in this plants and the habitat components they the San Bernardino Mountains in designation of critical habitat, require; (2) to guide impact Southern California Astragalus albens (Cushenbury milk- minimization and compensation for vetch), Erigeron parishii (Parish’s daisy), unavoidable impacts; (3) to streamline AGENCY: Fish and Wildlife Service, Eriogonum ovalifolium var. vineum reviews of mining activities in carbonate Interior. (Cushenbury buckwheat), Lesquerella plant habitat; (4) to guide habitat ACTION: Final rule. kingii ssp. bernardina (San Bernardino restoration; and (5) to plan and provide Mountains bladderpod), and Oxytheca for long-term needs of both the mining SUMMARY: Pursuant to the Endangered parishii var. goodmaniana (Cushenbury industry and listed species Species Act of 1973, as amended (Act), oxytheca) (collectively called conservation. One of the primary tasks we, the U.S. Fish and Wildlife Service ‘‘carbonate plants’’ in this document), of the CHMS is to identify and establish (Service), are designating critical habitat are restricted primarily to carbonate- conservation areas for carbonate plant for five plants endemic (restricted) derived soils in the San Bernardino species. Other local or regional habitat primarily to carbonate-derived soils in Mountains of San Bernardino County, conservation planning efforts within the San Bernardino Mountains of California (USFWS 1994). Collectively, areas of carbonate plant habitat include southern California. Four of the plants, these five species are found along a 56- the California Desert Conservation Area Astragalus albens (Cushenbury milk- kilometer (km) (35-mile (mi)) portion of Plan (CDCA) and the West Mojave Plan. vetch), Eriogonum ovalifolium var. the San Bernardino Mountains between BLM is the lead agency for both plans. 1,171 and 2,682 meters (m) (3,842 and vineum (Cushenbury buckwheat), There are approximately 13,200 ha 8,800 feet (ft)) in elevation. This area Lesquerella kingii ssp. bernardina (San (32,600 ac) of carbonate substrates in the contains outcrops of carbonate Bernardino Mountains bladderpod), and northeastern portion of the San substrates (e.g., parent rock), primarily Oxytheca parishii var. goodmaniana Bernardino Mountains that may provide limestone and dolomite, in several (Cushenbury oxytheca) are federally suitable habitat for, and may be listed as endangered and one plant, bands running on an east-west axis along the desert-facing slopes of the San associated with most of, the carbonate Erigeron parishii (Parish’s daisy), is plants (USFWS 1994, Neel 2000, San federally listed as threatened. The Bernardino Mountains; it is generally known as the ‘‘carbonate belt.’’ Bernardino National Forest (SBNF) following total area is designated as geographic information system (GIS) critical habitat for each of the following Carbonate endemics are most uncommon in California, though well data 2001). This area of carbonate plants in San Bernardino County, substrates is contained within the California: A. albens, approximately known worldwide (Kruckeberg 2002). With the exception of one northern 64,900 ha (160,300 ac) draft CHMS 1,765 hectares (ha) (4,365 acres (ac)); planning area. According to the most Erigeron parishii, approximately 1,790 California carbonate endemic species, the carbonate endemics of the San current model being used in the CHMS ha (4,420 ac); Eriogonum ovalifolium process, the SBNF Carbonate Species var. vineum, approximately 2,815 ha Bernardino Mountains of southern California, including the species Suitable Habitat Model (Redar and (6,955 ac); L. kingii ssp. bernardina, Eliason, in litt. 2001), there is a approximately 415 ha (1,025 ac); and O. addressed in this rulemaking, are the only ones in California. combined total of approximately 19,700 parishii var. goodmaniana, ha (48,669 ac) of suitable carbonate approximately 1,275 ha (3,150 ac). Limestone mining was cited as the primary threat to the five carbonate plant habitat for the carbonate plants, Because of the considerable overlap of based on a combination of plant the areas designated as critical habitat plants in the final rule listing these species as endangered or threatened associations, carbonate substrate and for each of the five carbonate plants, the soils derived from carbonate substrate total area being designated as critical (USFWS 1994). The threats to these plants continue to be population (the modeled suitable habitat area is not habitat is approximately 5,335 ha equal to the sum of modeled suitable (13,180 ac). reduction and habitat loss, degradation, and fragmentation from surface mining habitat area for each species because Federal agencies proposing, there is some overlap in the distribution authorizing, or funding actions that may activities. The carbonate plants occur mainly on public lands with unpatented of the species). Based on this model, the affect the areas designated as critical mining claims or on private lands that estimated suitable habitat for each habitat must consult with us on the have been patented (converted from species is: Astragalus albens, effects of the proposed actions pursuant public to private). At the time of listing, approximately 6,868 ha (16,964 ac); to section 7(a)(2) of the Act. a significant number of carbonate plant Erigeron parishii, approximately 8,428 DATES: The effective date of this rule is occurrences and carbonate plant ha (20,818 ac); Eriogonum ovalifolium January 23, 2003. habitats had been negatively affected var. vineum, approximately 8,949 ha ADDRESSES: You may inspect the (USFWS 1994). Carbonate plant losses (22,103 ac); Lesquerella kingii ssp. supporting record for this rule at the and habitat destruction/degradation are bernardina, approximately 6,753 ha Carlsbad Fish and Wildlife Office, U.S. expected to continue under ongoing and (16,679 ac); and Oxytheca parishii var. Fish and Wildlife Service, 6010 Hidden expanded limestone mining operations. goodmaniana, approximately 7,518 ha Valley Road, Carlsbad, CA 92009, by The U.S. Forest Service (USFS), the (18,570 ac). It should be noted that the appointment during normal business Bureau of Land Management (BLM), the SBNF habitat model is limited by hours. U.S. Fish and Wildlife Service (Service), mapping resolution, and therefore, may

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contain some unsuitable habitat areas in maturity. The plants generally flower associated with this species (Gonella and may leave out some areas that may from March to May. and Neel 1995). contain suitable habitat. The majority of Occurrences of Astragalus albens are Erigeron Parishii (Parish’s Daisy) known occurrences of the carbonate scattered along the carbonate belt in the plants addressed by the draft CHMS are northeastern San Bernardino Mountains Erigeron parishii was described by in the modeled habitat area. extending from Dry Canyon Asa Gray (1884) based on specimens The California Native Plant Society’s southeastward to the head of Lone collected by Samuel B. Parish at Inventory of Rare and Endangered Valley, a range of 24 km (15 mi) Cushenbury Spring in 1882. Erigeron Plants of California (CNPS Inventory) (Barrows 1988a; California Natural parishii is a perennial herb of the aster (CNPS 2001) classifies each of the five Diversity Data Base (CNDDB), CDFG family (Asteraceae). Plants grow 10 to carbonate plants as List 1B; which they 2002; CNPS 2001; USFWS 1994). In the 35 cm (4 to 14 in) high (Nesom 1993). define as rare, threatened, or final rule to list Astragalus albens, we The simple, linear leaves are 3 to 6 cm endangered in California and elsewhere. indicated that there were fewer than 20 (1 to 2 in) long and soft, silvery-hairy The CNPS Inventory further describes known occurrences (USFWS 1994). The (Nesom 1993, Keck 1959). Flower heads the rarity of all but one of the carbonate CNDDB (CDFG 2002) identifies 17 are solitary borne at the tips of leafy plants as ‘‘one to several highly extant ‘‘element occurrences’’ (e.g., stems, with bluish to pink or white ray restricted occurrences’’ (with Erigeron species occurrences). The SBNF flowers and yellow disk flowers (Nesom parishii ‘‘distributed in a limited mapped 103 site-specific localities of 1993, Keck 1959). Grayish-green, number of occurrences’’). The CNPS this species for their detailed draft glandular bracts surround each flower Inventory also classifies each of the CHMS maps (SBNF, Unpublished GIS head (Nesom 1993, USFWS 1994). The carbonate plants as ‘‘endangered data, 2001). plants generally flower from May throughout its range.’’ Astragalus albens is typically found through June (CNPS 2001). The five carbonate plant species in within singleleaf pinyon-Utah juniper, Erigeron parishii has the widest this rulemaking are treated as a group blackbush scrub, singleleaf pinyon, geographic distribution of the five because they are generally restricted to pinyon woodland, pinyon-juniper carbonate plants, with a range that soils that are ultimately derived from woodland, and Joshua tree woodland spans approximately 56 km (35 mi) limestone, dolomite, or other substrates vegetation communities (Gonella 1994, along the carbonate belt in the rich in calcium carbonate in the San Gonella and Neel 1995, Neel 2000). northeastern San Bernardino Bernardino Mountains, California, and Plants closely associated with A. albens Mountains, extending from Pioneertown face similar threats. However, each of include Fremontodendron californicum in the east to the northern flanks of the five carbonate plants represents a (flannelbush), Coleogyne ramosissima White Mountain in the west (USFWS 1994, Eliason 2002). Its range of distinct evolutionary lineage, and each (blackbush), Echinocereus occurrence includes Tip Top Mountain has a unique set of ecological triglochidiatus var. mojavensis (Mound and in Arctic, Cushenbury, Arrastre, requirements and tolerances (Neel cactus), Prunus fasciculatus (desert and Rattlesnake Canyons (Krantz 1979a, 2000). almond), and Yucca schidigera (Mojave yucca) (Gonella 1994, Gonella and Neel Barrows 1988b, USFWS 1994, CDFG Species Descriptions 1995). 2002). Recent surveys in Long Canyon Astragalus albens is typically found (the historical eastern-most occurrence) Astragalus Albens (Cushenbury Milk- on carbonate soils derived directly from did not locate any Erigeron parishii Vetch) decomposing limestone bedrock along plants (Neel 2000). We identified 25 Astragalus albens was described by dry flats and slopes, and occasionally occurrences of Erigeron parishii in the Edward L. Greene (1885) based on a rocky washes (Eliason 2002). The final listing rule (USFWS 1994). The collection made by Samuel B. Parish species may also be associated with CNDDB (CDFG 2002) identifies 34 and William F. Parish in 1882. Rydberg disturbed sites since there have been a extant element occurrences. The SBNF (1927) placed this species in the genus few localized occurrences of the species has mapped 87 localized occurrences of Hamosa. Rupert Barneby (1964) observed on long-disused roads and this species for their detailed draft includes Hamosa in the genus recently deposited slide materials CHMS maps (SBNF, Unpublished GIS Astragalus. Barneby (1959), Munz (White 2002). Plants are generally found data, 2001). (1974), and Spellenberg (1993), all in areas with an open canopy cover, Erigeron parishii is typically recognize this species as Astragalus little accumulation of organic material, associated with singleleaf pinyon-Utah albens. rock cover exceeding 75 percent, and juniper, singleleaf pinyon, pinyon- Astragalus albens is a small plant in gentle to moderate slopes (5 to 30 juniper woodlands, blackbush scrub, the pea family (Fabaceae). Spellenburg percent) (Neel 2000). Most Astragalus and creosote bush-bursage scrub (1993) describes the species as follows. albens occurrences are found at vegetation communities (USFWS 1994, Individual plants are annual to elevations between 1,524 and 2,012 m Neel 2000, Neel and Ellstrand 2001). sometimes perennial. The slender (5,000 and 6,600 ft) (USFWS 1994), but Plants closely associated with Erigeron silvery-white-haired stems are prostrate Neel (2000) documented the elevation parishii include Pinus monophylla (lie flat on the ground), up to 30 range between 1,171 and 2,013 m (3,864 (singleleaf pinyon), Juniperus centimeters (cm) (1 ft) long, with and 6,604 ft). This range is at the lowest californica (California juniper), Yucca compound leaves consisting of 5 to 9 elevational limit of the five carbonate brevifolia (Joshua tree), Coleogyne small leaflets. The plant’s pink-purple plant species discussed in this rule ramosissima, and Astragalus albens flowers occur in 5 to 14 flowered (Gonella and Neel 1995). Known (Gonella 1994, Gonella and Neel 1995, terminal racemes (flower clusters). The occupied habitat for this species is CDFG 2002). upper petal of each flower is up to 1 cm mostly correlated with the Bird Spring Erigeron parishii typically grows on (0.4 inch (in)) long. The fruits are 10 to Formation, Permian and Pennsylvanian limestone or dolomite soils occurring on 18 millimeters (mm) (0.4 to 0.7 in) long age carbonate rock (Redar and Eliason, dry, rocky slopes, active washes and and up to 3.5 mm (0.1 in) wide. The in litt. 2001). Soils at sites associated outwash plains on carbonate derived crescent shaped fruits are three sided, with Astragalus albens have a higher alluvium (USFWS 1994, White 2002). have two chambers, and become papery percentage of calcium than soils not Some E. parishii occurrences grow on a

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granite/limestone interface, usually Subsequently, the SBNF has mapped 1993). Leaves are wavy-margined to when granitic parent material has been 239 localized occurrences of this species shallow toothed, the outer basal leaves overlaid with limestone materials for their detailed draft CHMS maps are diamond shaped to round, and the washed down from upslope (USFWS (SBNF, Unpublished GIS data, 2001). inner leaves are elliptic with petioles 2 1994). Occurrences at the Burns Pinyon This species inhabits open areas in to 5 cm (0.8 to 2 in) long (Munz 1974, Ridge Reserve/Pioneertown area grows singleleaf pinyon-Utah juniper, Rollins 1993). Flowers are borne in on quartz monzonite soils where there singleleaf pinyon-mountain juniper, terminal racemes, and bloom from May is no apparent limestone alluvium (Neel singleleaf pinyon, pinyon, pinyon- to June (Munz 1974, CNPS 2001). The 2000). Erigeron parishii is generally juniper, Joshua tree woodlands, and yellow petals are 5.5 to 13 mm (0.2 to found at elevations between 1,171 and blackbush scrub vegetation 0.5 in) long, and styles are 3 to 4 mm 1,950 m (3,842 and 6,400 ft), which is communities (Gonella 1994, Gonella (0.12 to 0.16 in) long (Munz 1974, at the lower elevations of the carbonate and Neel 1995, USFWS 1994, Neel Rollins 1993). The spherical fruits are belt (USFWS 1994, Neel 2000). It is 2000). Plants closely associated with short-haired, 2-chambered, and contain Eriogonum ovalifolium var. vineum most commonly found in areas with 2 to 4 seeds per chamber (Rollins 1993). slopes less than 10 degrees (Neel 2000). include Fremontodendron californicum, Arctostaphylos glauca (big-berry At the time of publication of the Eriogonum Ovalifolium var. Vineum manzanita), A. patula (green-leaf listing rule, Lesquerella kingii ssp. (Cushenbury Buckwheat) manzanita), Phacelia douglasii (Douglas’ bernardina was known from two Eriogonum ovalifolium var. vineum phacelia), Yucca brevifolia, Pinus populations in the Big Bear area was originally described as Eriogonum monophylla, Astragalus albens, and (USFWS 1994). One population is on vineum by John Kunkel Small (1898) Erigeron parishii (Gonella 1994, Gonella the north side of Big Bear Lake near the based on an 1894 collection made by and Neel 1995, CDFG 2002). east end of Bertha Ridge and adjacent to Samuel B. Parish near Rose Mine in the Eriogonum ovalifolium var. vineum Big Bear City, and the other population San Bernardino Mountains. Nelson typically grows on soils derived from is centered on the north-facing slope of (1911) treated the plant as a variety, limestone or other carbonate substrates Sugarlump Ridge south of Bear Valley, Eriogonum ovalifolium var. vineum. (Hickman 1993, USFWS 1994, CDFG approximately 10 km (6.2 mi) south of This combination has incorrectly often 2002). It is generally found on gentle the Bertha Ridge population (USFWS been attributed to Jepson (1914), (Reveal slopes to steep slopes mostly with north 1994, CDFG 2002). This species has the 1989, Hickman 1993). Jepson (1914) did or west aspects (Neel 2000, White 2002). smallest known range of the five publish the combination but Other habitat characteristics include carbonate plants. Currently, the CNDDB subsequently (Jepson 1925) realized the open areas with powdery fine soils and (CDFG 2002) identifies four element priority of Nelson’s combination, which little accumulation of organic material, occurrences. The SBNF has mapped 22 was followed by Abrams (1944), Munz a canopy cover generally less than 15 localized occurrences within the and Keck (1959), and Munz (1974). percent, and rock cover exceeding 50 aforementioned populations of this Eriogonum ovalifolium var. vineum is percent (Neel 2000). The species may species for their detailed draft CHMS a perennial plant of the buckwheat also benefit from naturally unstable sites maps (SBNF, Unpubished GIS data, family (Polygonaceae) that forms low, since it is often found on or adjacent to 2001). dense mats typically 3 to 40 cm (1 to 16 unstable talus, colluvium, or rock in) in diameter (Hickman 1993, Munz outcroppings (White 2002). Eriogonum Lesquerella kingii ssp. bernardina and Keck 1959). The leaves are round to ovalifolium var. vineum has the widest typically is found within singleleaf ovate, white-woolly on both surfaces, elevational range of all the carbonate pinyon-mountain juniper, white fir and are 0.7 to 1.5 cm (0.3 to 0.6 in) long plants, between 1,400 and 2,400 m forest, Jeffrey pine-western juniper (Munz and Keck 1959). The flowers are (4,600 and 7,900 ft) (USFWS 1994, Neel woodland, subalpine forest vegetation whitish-cream borne on flowers stalks 2000). The known occupied habitat for communities, and occasionally on old reaching 10 to 25 cm (4 to 10 in) tall Eriogonum ovalifolium var. vineum is unpaved roads (Myers and Barrows (Munz and Keck 1959). Plants flower correlated mostly with the Bird Spring 1988, USFWS 1994, Gonella 1994, from May through August (CNPS 2001). and Bonanza King soil formations Gonella and Neel 1995, Neel 2000, This species is primarily an outcrosser (Redar and Eliason, in litt. 2001). CDFG 2002). Plants closely associated (pollen source for seed production is with Lesquerella kingii ssp. bernardina from another plant) (Neel and Ellstrand Lesquerella Kingii ssp. Bernardina (San Bernardino Mountains Bladderpod) include Pinus contorta ssp. murrayana 2001). (lodgepole pine), Pinus flexilis (limber Eriogonum ovalifolium var. vineum Lesquerella kingii ssp. bernardina is a pine), Pinus jeffreyi (Jeffrey pine), Pinus occurs in the carbonate belt of the member of the mustard family monophylla, Juniperus occidentalis ssp. northeastern San Bernardino Mountains (Brassicaceae) and was first described australis (western juniper), and extending from Rattlesnake Canyon in by Munz (1932) as Lesquerella Eriogonum ovalifolium var. vineum the east to White Mountain in the west, bernardina based on a collection made (Gonella 1994, Neel 2000, CDFG 2002). a distance of approximately 40 km (25 by Frank W. Peirson at the east end of mi) (CDFG 2002). This includes Bear Valley in 1924. Munz (1958) Lesquerella kingii ssp. bernardina is occurrences in Arctic and Cushenbury subsequently reduced this to a generally found on dry flats and slopes Canyons, Terrace and Jacoby Springs, subspecies and published the currently on soil substrates derived from dolomite along Nelson Ridge, and southeast to accepted combination Lesquerella kingii parent rocks associated with the near Onyx Peak (Barrows 1988c, ssp. bernardina. Bonanza King Formation and other Gonella and Neel 1995, Tierra Madre Lesquerella kingii ssp. bernardina is Cambrian age substrates (Rollins 1993; Consultants 1992, USFWS 1994, CDFG silvery, with dense star-shaped hairs, Redar and Eliason, in litt. 2001; Eliason 2002). In the final listing rule, we and is a short-lived perennial plant of 2002). Lesquerella kingii ssp. bernardina identified 20 occurrences of E. the mustard family (Brassicaceae) occupies the narrowest elevational ovalifolium var. vineum (USFWS 1994). (Munz and Keck 1959, Rollins 1993). It range of the five carbonate plants, The CNDDB (CDFG 2002) identifies 32 grows to 5 to 15 cm (2 to 6 in) tall, often between 2,098 and 2,700 m (6,883 and extant element occurrences. purplish in color (Munz 1974, Rollins 8,800 ft) (CDFG 2002).

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Oxytheca Parishii var. Goodmaniana occupies the second-smallest plants that are restricted to carbonate (Cushenbury Oxytheca) geographical area of the five carbonate substrates in this area (Gonella 1994, Barbara Ertter (1980) described the plants. In the final listing rule, we Krantz 1994). Within the mountain range, carbonate variety Oxytheca parishii var. identified seven known extant substrates occur in several east-west goodmaniana based on material occurrences (USFWS 1994). The bands that run along the desert-facing collected by S. P. Parish and W. F. CNDDB (CDFG 2002) identifies 16 slopes, from approximately White Parish in 1882 near Cushenbury Spring. element occurrences. The SBNF has Mountain in the west to Blackhawk Collections of this species were mapped 93 localized occurrences of this Mountain and Terrace Springs in the previously identified as Oxytheca species for their detailed draft CHMS east. From here, the band of carbonate parishii var. abramsii or Oxytheca maps (SBNF, Unpublished GIS data, 2001). substrates narrows and extends watsonii (Munz and Keck 1959, Munz Oxytheca parishii var. goodmaniana southeast to Rattlesnake Canyon and 1974). is typically found in singleleaf pinyon- Tip Top Mountain. Disjunct (separate) Oxytheca parishii var. goodmaniana Utah juniper, singleleaf pinyon- outcrops occur on ridges to the north is a small, wiry annual plant belonging mountain juniper, singleleaf pinyon, and south of the Big Bear Valley, and to the buckwheat family (Polygonaceae). and canyon live oak woodlands eastward to the Sawtooth Hills (USGS Specimens grow 5 to 60 cm (2 to 24 in) vegetation communities (USFWS 1994, geologic substrate map 1995). tall (Hickman 1993). The plants have a Neel 2000). Plants closely associated Collectively, the ranges of these five basal rosette of leaves, with each leaf 1 with Oxytheca parishii var. species span 56 km (35 mi) and occupy to 7 cm (0.4 to 3 in) long (Hickman goodmaniana include Cercocarpus elevations between 1,178 and 2,659 m 1993). The six small flowers have white ledifolius (mountain mahogany), (3,864 to 8,724 ft) in the San Bernardino to pink perianth segments Arctostaphylos glauca, Chrysothamnus Mountains (Neel 2000). Plant (undifferentiated whorl of petals and viscidiflorus (yellow rabbitbrush), and communities in this area vary greatly by sepals), occur in clusters of 3 to 20, and Achnatherum coronata (needlegrass) substrate type and elevation and have are surrounded at their base by a funnel- (CDFG 2002). been described by Holland (1986), shaped involucre (modified leaf) Oxytheca parishii var. goodmaniana Thorne (1995), Vasek and Barbour (Hickman 1993). is typically found on soils derived from (1995), Vasek and Thorne (1995), and Oxytheca parishii var. goodmaniana limestone, dolomite, or a mixture of Neel (2000). Neel (2000) developed is an annual species, so the number and limestone and dolomite substrates more detailed, quantitative descriptions distribution pattern of individual (Tierra Madre Consultants 1992, of the vegetation types that are standing plants fluctuates from year to USFWS 1994, Neel 2000). Hickman associated with the five carbonate plants year, depending on the seed bank (1993) describes it as occurring on using extensive vegetation sampling and dynamics and environmental limestone talus. Neel (2000) found that found that most of the occurrences of conditions. In addition, because this it generally occurs in areas with gentle each of the five carbonate plants are species has few known occurrences, and slopes between 10 and 25 degrees with found in the following six vegetation the total number of individuals found no apparent preference for aspect. communities: blackbush scrub; canyon within some occurrences is often low, Oxytheca parishii var. goodmaniana is live oak; singleleaf pinyon; singleleaf this species may be more susceptible to typically found at elevations between pinyon-mountain juniper; singleleaf localized extirpation from random 1,440 and 2,372 m (4,724 and 7,782 ft) pinyon-Utah juniper; and white fir events than the other four carbonate (Neel 2000). Known occupied habitat for forest. plant species (USFWS 1994). this species is mostly correlated with Astragalus albens, Erigeron parishii, Oxytheca parishii var. goodmaniana the Bird Springs Formation, Bonanza and Eriogonum ovalifolium var. vineum is scattered along the carbonate belt in King Formation, Monte Cristo are associated with blackbush scrub the northeastern San Bernardino Limestone, and Sultan Limestone, and vegetation. Blackbush scrub vegetation Mountains extending from White Crystal Pass substrate (Redar and primarily occurs between 1,130 and Mountain in the west to approximately Eliason, in litt. 2001). 1,665 m (3,707 to 5,463 ft) in this area Rattlesnake Canyon in the east. Terrace and is increasingly abundant at the Habitat Descriptions Springs is the is the eastern most area higher elevations. Coleogyne where occurrences are pure Oxytheca The San Bernardino Mountains ramosissima (blackbush) is the parishii var. goodmaniana (Eliason support a wide diversity of natural dominant species. The sometimes quite 2002). From Terrace Springs west to habitats that are the result of their dense shrub cover is generally under 1 Rattlesnake Canyon Oxytheca parishii geographic position between the desert m (3 ft) high. The generally open var. goodmaniana occurs with Oxytheca and coastal environments, geological overstory canopy consists of Yucca parishii var. cienengensis and some history, elevation, varied topography, brevifolia, Pinus monophylla (singleleaf morphological intermediates (potential and uncommon geological substrates pinyon), and Juniperus osteosperma hybrids) between the two (B. Ertter, such as carbonate outcrops (e.g., (Utah juniper) (Neel 2000). pers. comm., 2002). This area likely limestone and dolomite). The SBNF, Astragalus albens, Erigeron parishii, represents an evolutionarily important which encompasses most of the San Eriogonum ovalifolium var. vineum, and zone, and therefore, is important for the Bernardino Mountains, covers less than Oxytheca parishii var. goodmaniana are long-term adaptability of the species. one percent of the land area within the associated with singleleaf pinyon The distribution of Oxytheca parishii State of California, yet reportedly dominated vegetation (Neel 2000). The var. goodmaniana includes occurrences contains populations of more than 25 singleleaf pinyon plant community near Cushenbury Spring; Cushenbury, percent of all native Californian plant primarily occurs between 1,420 and Marble, Arctic, Wild Rose, and Furnace species (Krantz 1994). The San 2,440 m (4,659 to 8,005 ft) in this area. Canyons; Blackhawk, Mineral, and Tip Bernardino Mountains are also known Oxytheca parishii var. goodmaniana Top Mountains; Terrace Springs; Rose to support one of the highest is associated with canyon live oak Mine and Green Lead gold mine concentrations of endemic plants in the dominated vegetation, including (USFWS 1994, CDFG 2002, CNPS 2001, United States (Krantz 1994). This high dominant species such as Quercus Gonella and Neel 1995). This species rate of endemism includes a number of chrysolepis (canyon live oak) and Pinus

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monophylla. The canyon live oak plant not derived from carbonate parent suitable habitat. Historically, community primarily occurs between material. Big sagebrush, pebble plains, occurrences or portions of occurences 1,793 and 2,440 m (5,883 and 8,005 ft) riparian, and meadow communities are likely have periodically been extirpated, in this area. Tree cover in this also known to occur nearby on soils not while other suitable habitat may have vegetation type is the densest of all of derived from carbonate parent material; been colonized by emigration from the vegetation types mentioned in this however, they do not occupy large areas nearby occurrences. Given (1994) noted document, while shrub cover is the and are not associated with carbonate the need for enough suitable habitat to sparsest (Neel 2000). endemic plants. maintain equilibrium between naturally Eriogonum ovalifolium var. vineum, Ecology occurring local extirpations and Lesquerella kingii ssp. bernardina, and colonizations. Not all habitat for a Oxytheca parishii var. goodmaniana are Little is known about the life history species is likely to be occupied at the associated with the singleleaf pinyon- and population dynamics of the five same time, and failure to conserve mountain juniper vegetation carbonate plants, including their enough suitable habitat could community. This community type pollination biology, seed dispersal potentially reduce the size and viability primarily occurs between 1,909 and agents and patterns, nature and of the metapopulation as surely as 2,745 m (6,263 and 9,005 ft) in this area, dynamics of seed bank, seed dormancy destruction of occupied habitat (Given and is dominated by Pinus monophylla requirements, and seedling ecology and 1994). A metapopulation has been and Juniperus occidentalis ssp. establishment rates (Neel 2000). described as ‘‘***a set of australis. Cercocarpus ledifolius is the However, the distributions of each of populations (i.e., independent only characteristic understory species of these plants have been well studied demographic units; Ehrlich 1965) that singleleaf pinyon-mountain juniper through numerous independent are interdependent over ecological time. vegetation (Neel 2000). botanical surveys, and botanical That is, although member populations Astragalus albens, Erigeron parishii, investigations and project-level surveys may change in size independently, their Eriogonum ovalifolium var. vineum, and funded by Federal agencies and mining probabilities of existing at a given time Oxytheca parishii var. goodmaniana are companies (Krantz 1979a, 1979b; are not independent of one another associated with the singleleaf pinyon- Wilson and Bennett 1980; Barrows because they are linked by processes of Utah juniper dominated vegetation 1988a, 1988b, 1988c; Tierra Madre extinction and mutual recolonization, community. This community type Consultants 1992; and herbarium processes that occur, say, on the order primarily occurs between 1,212 and specimens at Rancho Santa Ana Botanic of every 10 to 100 generations’’ Garden). The general ranges of these 2,390 m (3,976 and 7,841 ft) in this area (Harrison et al. 1988). The persistence of species are described in Munz and Keck (Neel 2000). Ephedra viridis (green such species depends on the (1959), Barneby (1959), Munz (1974), ephedra) and Achnatherum coronatum interrelatedness of local extirpations (needlegrass) are characteristic Hickman (1993), Nessom (1993), Rollins and recolonizations, the availability of understory species of singleleaf pinyon- (1993), Spellenberg (1993), in our final newly suitable habitat, and dispersal Utah juniper dominated vegetation rule listing the species (USFWS 1994), (Given 1994; Hanski 1997, 1999; Hanksi (Neel 2000). and the draft Recovery Plan. The five and Gilpin 1991). Very little is known Lesquerella kingii ssp. bernardina and carbonate plants consistently occur on about how the five carbonate plants may Oxytheca parishii var. goodmaniana are soils that are at least partially derived function as metapopulations (Neel and associated with the white fir forest from carbonate substrates (Neel and vegetation community. This community Ellstrand, in press), although some Ellstrand, in press). However, because type primarily occurs on steep north- occurrences of Erigeron parishii have metapopulation dynamics may be facing slopes between 2,196 and 2,720 been noted on soils derived from quartz exhibited in some or all of the carbonate m (7,205 and 8,924 ft) in this area (Neel monzonite and mixed layers of granite plant taxa, long-term persistence of the 2000). White fir forest vegetation is and limestone. The carbonate plants do carbonate plants may require sufficient dominated by Abies concolor (white fir) not appear to be specifically linked to suitable habitat contiguous with areas and Pinus flexilis (limber pine) in the early vegetation successional stages that are currently occupied by the overstory (Neel 2000). following natural disturbance; however, plants. Just how much suitable habitat The carbonate plants have also been they are found on some surfaces that are would be sufficient remains unclear, reported to occur in five other naturally disturbed by landslides and however, based on anecdotal vegetation communities: Jeffrey pine- substrate upheaval (Neel 2000). observations of Astragalus albens, some western juniper woodland; Joshua tree Primarily, they occur in habitat that is relatively sparse occurrences may woodland; pinyon woodland; pinyon- undisturbed by human activities, but provide ‘‘stepping-stones’’ and facilitate juniper woodland; and subalpine forest instances of colonization onto human- gene flow among high density (Krantz 1979a, 1979b; Neel 2000; CDFG disturbed surfaces have been observed populations (Neel and Ellstrand, in 2002). Lesquerella kingii ssp. bernardina for all of the carbonate plants (Eliason press). is reported to be associated with Jeffrey 2002, White 2002). However, there is no Each of the five carbonate plant pine-western juniper woodland (CDFG evidence to support that soil structure species is subject to several limiting 2002). Astragalus albens and Eriogonum or habitat structure and function ecological factors that likely increase the ovalifolium var. vineum are reported to associated with disturbed surfaces are potential for extirpation (e.g., restricted be associated with Joshua tree woodland equivalent to those of undisturbed and patchy distribution, habitat and pinyon woodland (CDFG 2002). surfaces (Eliason 2002). Each of these specialization). These factors may, Astragalus albens, Erigeron parishii, plants appear to have specific habitat among other things, limit gene flow by and Eriogonum ovalifolium var. vineum and microhabitat requirements, reducing pollen and seed dispersal are reported to be associated with including parent geology, vegetation among occurrences, and reduce the Pinyon-juniper woodland (CDFG 2002). community type and associated species, probability that new colonizations will Some of these plant communities soil pH, slope, and elevation (Neel occur. The amount of habitat required to (e.g., singleleaf pinyon woodlands, 2000). sustain the five carbonate plant species canyon live oak woodland) are also Occurrences of carbonate plants likely may be larger than that required for known to occur on nearby soils that are shift over time within the range of species not subject to these limiting

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ecological factors (see Burgman et al. On June 15, 2000, the CNPS filed a or authorized by a Federal agency. 2001). Recent work on genetic variation lawsuit in U.S. District Court for the Section 7 of the Act also requires completed for Astragalus albens (Neel Southern District of California for our conferences on Federal actions that are 2000), Eriogonum ovalifolium var. failure to designate critical habitat for likely to result in the destruction or vineum (Neel and Ellstrand, in press), the five carbonate plants (California adverse modification of proposed Erigeron parishii (Neel and Ellstrand Native Plant Society v. Berg, et al., critical habitat. Aside from the added 2001) and Oxytheca parishii var. 00CV1207–L (LSP)). On April 27, 2001, protection that may be provided under goodmaniana (Neel 2000) provide some the Court vacated our August 24, 1994, section 7, the Act does not provide other insight into the population structure of ‘‘not prudent’’ determination for critical forms of protection to lands designated these carbonate plant species. Neel and habitat and ordered us to reevaluate its as critical habitat. Further, consultation Ellstrand’s work is limited by its prudency, and if prudent to complete a under section 7 of the Act does not temporal scope, but suggests that there proposed rule by January 31, 2002. The apply to activities on private or other may be extensive gene flow among Court further ordered us to publish a non-Federal lands that lack a Federal populations of at least three of these final critical habitat designation on or nexus. species, and that the populations of before September 30, 2002. In order to be included in a critical these three species have not been On January 29, 2002, we determined habitat designation, the habitat must sufficiently isolated to result in genetic that designation of critical habitat was first be ‘‘essential to the conservation of divergence. prudent, and on February 12, 2002, we the species.’’ Critical habitat published in the Federal Register a designations identify, to the extent Previous Federal Action proposed rule to designate known using the best scientific and On December 15, 1980, we published approximately 5,335 ha (13,180 ac) of commercial data available, habitat areas a Notice of Review (NOR) of plants land as critical habitat for the five that provide essential life cycle needs of which included Eriogonum ovalifolium carbonate plants (67 FR 6578). On the species (i.e., areas on which are var. vineum and Lesquerella kingii ssp. September 20, 2002, we published a found the primary constituent elements, bernardina as Category 1 candidate taxa notice reopening the public comment as defined at 50 CFR 424.12(b)), and are, and Erigeron parishii as a Category 2 period for 30 days on the proposed rule therefore, essential to the conservation taxon (USFWS 1980). The February 21, and announcing the availability of the of the species. Our regulations (50 CFR 1990, NOR of plants also included draft economic analysis (67 FR 59239). 424.12(e)) also state that, ‘‘The Secretary Astragalus albens as a Category 1 taxon On September 16, 2002, we requested shall designate as critical habitat areas and Oxytheca parishii var. an 8-month extension from the court outside the geographic area presently goodmaniana as a Category 2 taxon (until May 30, 2003) to allow us occupied by a species only when a (USFWS 1990). Category 1 taxa were adequate time to complete an economic designation limited to its present range those taxa for which substantial analysis, obtain public comment on the would be inadequate to ensure the information on biological vulnerability economic analysis, and complete the conservation of the species.’’ and threats were available to support final designation. On October 7, 2002, Accordingly, when the best available preparation of listing proposals. California Native Plant Society filed a scientific and commercial data do not Category 2 candidates were taxa for motion opposing the extension. A demonstrate that the conservation needs which data in our possession indicated hearing date of December 9, 2002, was of the species require designation of set by the court to hear the motions of critical habitat outside of its present listing was possibly appropriate but for both parties. range, we will not designate critical which substantial information on habitat in areas outside the geographic biological vulnerability and threats were Critical Habitat area occupied by the species. not known or on file to support Critical habitat is defined in section 3 Section 4(b)(2) of the Act requires we preparation of proposed rules. of the Endangered Species Act (Act), as take into consideration the economic On November 19, 1991, we published amended, as—(i) the specific areas impact, and any other relevant impact, a proposed rule in the Federal Register within the geographic area occupied by of specifying any particular area as to list the five plants as endangered (56 a species, at the time it is listed in critical habitat. We may exclude areas FR 58332). On August 24, 1994, we accordance with the Act, on which are from critical habitat designation when published a final rule listing Erigeron found those physical or biological the benefits of exclusion outweigh the parishii as threatened and Astragalus features (I) essential to the conservation benefits of including the areas within albens, Eriogonum ovalifolium var. of the species and (II) which may critical habitat, provided the exclusion vineum, Lesquerella kingii ssp. require special management will not result in extinction of the bernardina, and Oxytheca parishii var. considerations or protection; and (ii) species. Section 4 of the Act also goodmaniana as endangered (59 FR specific areas outside the geographic requires that we designate critical 43652). At that time, we indicated that area occupied by a species at the time habitat, to the extent such habitat is designation of critical habitat for these it is listed, upon a determination that determinable, at the time of listing. plants was not prudent because such such areas are essential for the When we designate critical habitat at designation would likely increase the conservation of the species. the time of listing or under short court- degree of threat from vandalism, over- ‘‘Conservation’’ means the use of all ordered deadlines, we will often not collection, or other human activities. methods and procedures that are have sufficient information to identify In September 1997, we published the necessary to bring an endangered all areas of critical habitat. We are San Bernardino Mountains Carbonate species or a threatened species to the required, nevertheless, to make a Plants Draft Recovery Plan. The draft point at which listing under the Act is decision and thus must base our recovery plan identified lands as no longer necessary. designations on what, at the time of important for the long-term Critical habitat receives protection designation, we know to be critical conservation of the carbonate plants, under section 7 of the Act through the habitat. and proposed criteria to recover the prohibition against destruction or Within the geographic area occupied carbonate plants to the point where they adverse modification with regard to by the species, we will designate only can be downlisted or delisted. actions carried out, funded, permitted, areas currently known to be essential.

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Essential areas should already have the designations made on the basis of the The number of individuals of each features and habitat characteristics that best available information at the time of carbonate plant species fluctuates over are necessary to sustain the species. We designation will not control the time and spatially (over an area) (Tierra will not speculate about what areas direction and substance of future Madre 1992, Krantz 1994, Neel 2000, might be found to be essential if better recovery plans, habitat conservation CDFG 2002). Population estimates of information became available, or what plans, or other species conservation each of the five carbonate plants from areas may become essential over time. If planning efforts if new information different time periods and surveyors the information available at the time of available to these planning efforts calls also vary in precision and accuracy (S. designation does not show that an area for a different outcome. Eliason, pers. comm., 2002). Therefore, provides essential life cycle needs of the comparing these data may yield Methods species, then the area should not be misleading estimates of the number of included in the critical habitat As required by the Act and individuals in a given area (Neel 2000). designation. regulations (section 4(b)(2) and 50 CFR Additionally, the mapped occurrences Our Policy on Information Standards 424.12), we used the best scientific and of the carbonate plants have varied from Under the Endangered Species Act, commercial data available to determine year to year and surveyor to surveyor published in the Federal Register on areas that contain the physical and (Tierra Madre 1992, Krantz 1994, Neel July 1, 1994 (59 FR 34271), provides biological features that are essential for 2000, CDFG 2002). Therefore, estimates criteria, establishes procedures, and the conservation of the five carbonate of the number of individuals are not provides guidance to ensure that our plants. This information included data given in this document. decisions represent the best scientific from aerial photography (1995 Digital Names associated with the various and commercial data available. This Orthorectified Quarter Quadrangles groupings of carbonate plants also differ policy requires our biologists, to the (DOQQ) and 2000 SPOT (Syste`me Pour (e.g., population, aggregate occurrence extent consistent with the Act, and with l’Observation de la Terre) satellite (grouped occurrences), element the use of the best scientific and imagery); U.S. Geological Services occurrence (as used by the CDFG), and commercial data available, to use (USGS) topographic maps; the SBNF point location (which describes a primary and original sources of Carbonate Species Suitable Habitat detailed mapping area used by the information as the basis for Models and ranking system (Redar and SBNF)) (USFWS 1994, Neel 2000, CDFG recommendations to designate critical Eliason, in litt. 2001); species 2002). For the purposes of describing habitat. When determining which areas occurrence and/or suitable habitat data areas essential to the conservation of the are critical habitat, a primary source of from the SBNF, draft CHMS (Olsen carbonate plants, and to standardize the information should, at a minimum, be 2002), and CNDDB (CDFG 2002); the variation in mapping scale presented by the listing package for the species. final listing rule (59 FR 43652); the CNPS and the SBNF, we reclassified the Additional information may be obtained Proposed Designation of Critical Habitat occurrence data identified by the from a recovery plan, articles in peer- for Five Carbonate Plants From the San CNDDB (CDFG 2002) and the SBNF into reviewed journals, conservation plans Bernardino Mountains in Southern new groupings. These groupings were developed by States and counties, California (67 FR 6578); the San established based on likely scientific status surveys and studies, Bernardino Mountains Carbonate Plants hydrogeomorphic (e.g., same drainage biological assessments, unpublished Draft Recovery Plan (USFWS 1997); and soil derivation) and/or topographic materials, and expert opinion. information in species background relationships, which allowed us to Section 4 of the Act requires that we sections (USFWS, in prep.) being analyze the localized occurrences with designate critical habitat based on what prepared for the revised draft San respect to general assumptions about the we know at the time of designation. Bernardino Mountains Carbonate potential biological and ecological Habitat is often dynamic, and species Endemic Plants Recovery Plan; research dynamics of these groupings, such as may move from one area to another over and survey observations published in seed banks, connectivity and gene flow, time. Furthermore, we recognize that peer-reviewed articles; regional GIS and pollinator and seed dispersal designation of critical habitat may not coverages (e.g., soils, occurrence data, vectors. The groupings also allowed for include all of the habitat areas that may vegetation, land ownership, and ease in the description, mapping, and eventually be determined to be elevation); project-specific and other definitions of legal boundaries. necessary for the recovery of the miscellaneous reports and public Consequently, hereafter, we refer to species. For these reasons, all should comments submitted to us; additional each of these new groupings as an understand that critical habitat information from the BLM regarding a ‘‘aggregate occurrence,’’ while distinct designations do not signal that habitat section 7 consultation (1–8–01–F–18) on subunits of the aggregate occurrences outside the designation is unimportant the effects of the California Desert are referred to as ‘‘localized or may not be required for recovery. Conservation Area Plan (CDCA) on 10 occurrences’’ or simply ‘‘occurences.’’ Areas outside the critical habitat plant species (BLM 2001); a section 7 Furthermore, the term ‘‘core designation will continue to be subject consultation with the SBNF on various occurrences’’ is used below to describe to conservation actions that may be ongoing and related activities affecting a relatively large number of individual implemented under section 7(a)(1) and carbonate habitats (USFWS 2001a); plants in a given geographic area. to the regulatory protections afforded by discussions with representatives of the After analyzing all of the localized the section 7(a)(2) jeopardy standard SBNF and botanical and other occurrence data from the CNDDB (CDFG and the section 9 prohibitions, as knowledgeable experts; and geologic 2002), the final listing rule, SBNF, and determined on the basis of the best map coverage of the Cushenbury additional scientific and commercial available information at the time of the Canyon area. We also visited portions of sources, we grouped Astragalus albens action. We specifically anticipate that the carbonate belt in the northeastern into 20 aggregate occurrences, Erigeron federally funded or assisted projects San Bernardino Mountains, San parishii into 27 aggregate occurrences, affecting listed species outside their Bernardino County, California, within Eriogonum ovalifolium var. vineum into designated critical habitat areas may the SBNF. We concentrated our analysis 28 aggregate occurrences, Lesquerella still result in jeopardy findings in some on those areas with known occurrences kingii ssp. bernardina into 2 aggregate cases. Similarly, critical habitat for each of these species. occurrences, and Oxytheca parishii var.

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goodmaniana into 19 aggregate geologic features that provide the altered by ground-disturbing occurrences. necessary materials to replace the soils equipment); and continually lost to natural processes (3) Associated plant communities that Primary Constituent Elements (USFWS 2002b); conservation and have areas with an open canopy cover In accordance with section 3(5)(A)(i) adequate connectivity of undisturbed and little accumulation of organic of the Act and regulations at 50 CFR areas between localized occurrences to material (e.g., leaf litter) on the surface 424.12, in determining which areas to allow and maintain gene flow among of the soil. propose as critical habitat, we must aggregate occurrences through pollen Erigeron Parishii consider those physical and biological and seed dispersal vectors (Neel and features (primary constituent elements) Ellstrand, in press; Neel 2002; Neel (1) Soils derived primarily from that are essential to the conservation of 2000; USFWS 2001b); the conservation upstream or upslope limestone, the species, and that may require special and maintenance of sites that may allow dolomite, or quartz monzonite parent management considerations or for pollen and seed dispersal (USFWS materials that occur on dry, rocky protection. These include, but are not 2001b); the conservation of suitable hillsides, shallow drainages, or outwash limited to: space for individual and micro-habitat that could be colonized to plains at elevations between 1,171 and population growth; food, water, air, allow localized occurrences to expand 1,950 m (3,842 and 6,400 ft); light, minerals, or other nutritional or and contract, or maintain normal (2) Soils with intact, natural surfaces physiological requirements; cover; sites population dynamics (Neel and that have not been substantially altered for pollination, reproduction, Ellstrand, in press; Neel 2002; Neel by land use activities (e.g., graded, germination, or seed dispersal and 2000; Harrison et al. 2000); and the excavated, re-contoured, or otherwise dormancy; and habitats that are maintenance of normal ecological altered by ground-disturbing protected from disturbance or are functions within all localized equipment); and representative of the historic occurrences. The small fragmented (3) Associated plant communities that geographical and ecological range of the five carbonate plants and have areas with an open canopy cover. distributions of a species. All areas limiting ecological factors that reduce Eriogonum Ovalifolium var. Vineum proposed as critical habitat for the chances of their survival make these Astragalus albens, Erigeron parishii, species particularly vulnerable to (1) Soils derived primarily from the Eriogonum ovalifolium var. vineum, natural and human disturbance (e.g., upper and middle members of the Bird Lesquerella kingii ssp. bernardina, and non-native species, wildfire, livestock Spring Formation and Bonanza King Oxytheca parishii var. goodmaniana are grazing, forest product harvesting, and Formation parent materials that occur within their respective historical ranges mining) (Burgman et al. 2001; USFWS on hillsides at elevations between 1,400 and contain one or more of the physical 2001b). and 2,400 m (4,600 and 7,900 ft); or biological features (primary We considered the biological and (2) Soils with intact, natural surfaces constituent elements) essential for the ecological factors identified above while that have not been substantially altered conservation of each species. developing primary constituent by land use activities (e.g., graded, Habitat components that are essential elements for the proposed rule and this excavated, re-contoured, or otherwise for each of the five carbonate plants are final rule. As stated earlier in the rule, altered by ground-disturbing primarily found in, but not limited to, there is limited available ecological equipment); and pinyon woodland, pinyon-juniper information about the five carbonate (3) Associated plant communities that woodland and forests, Joshua tree plants. However, we were able to utilize have areas with an open canopy cover woodland, white fir forests, subalpine in our determination of primary (generally less than 15 percent cover) forest, canyon live oak woodlands and constituent elements specific and little accumulation of organic forests, and blackbush scrub vegetation information regarding soil types, material (e.g., leaf litter) on the surface communities in the San Bernardino vegetation associations, geographic of the soil. Mountains. These habitat components distribution, geomorphic relationships Lesquerella Kingii ssp. Bernardina likely provide for: (1) Individual and and other habitat conditions in which population growth, including sites for these plants are commonly found. The (1) Soils derived primarily from germination, pollination, reproduction, resulting primary constituent elements Bonanza King Formation and Undivided pollen and seed dispersal, and seed are expected to capture significant Cambrian parent materials that occur on dormancy; (2) areas that allow for and aspects of the above ecological factors. hillsides or on large rock outcrops at maintain gene flow between localized Based on our current knowledge of elevations between 2,098 and 2,700 m occurrences through pollinator activity these species, the primary constituent (6,883 and 8,800 ft); and seed dispersal mechanisms; (3) elements of critical habitat for each (2) Soils with intact, natural surfaces areas that provide basic requirements species is listed below and consist of, that have not been substantially altered for growth such as water, light, but are not limited to: by land use activities (e.g., graded, minerals; and (4) lands that support excavated, re-contoured, or otherwise pollinators and seed dispersal vectors. Astragalus Albens altered by ground-disturbing The following has been identified as (1) Soils derived primarily from the equipment); and important to the conservation of the five upper and middle members of the Bird (3) Associated plant communities that carbonate plants or narrow endemic Spring Formation and Undivided have areas with an open canopy cover plants in general: the conservation and Cambrian parent materials that occur on and little accumulation of organic management of existing populations dry flats and slopes or along rocky material (e.g., leaf litter) on the surface (USFWS 1997); the conservation and washes with limestone outwash/ of the soil. management of suitable habitat that is deposits at elevations between 1,171 Oxytheca Parishii var. Goodmaniana not known to be currently occupied to and 2,013 m (3,864 and 6,604 ft); maintain natural equilibrium between (2) Soils with intact, natural surfaces (1) Soils derived primarily from local extirpations and colonizations that have not been substantially altered upslope limestone, a mixture of (Harrison et al. 2000); the protection and by land use activities (e.g., graded, limestone and dolomite, or limestone maintenance of upslope or upstream excavated, re-contoured, or otherwise talus substrates with parent materials

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that include Bird Spring Formation, distribution of each of the five carbonate Mercator (UTM) grid. Because the grid Bonanza King Formation, middle and species and developed a model of captured lands deemed non-essential, lower members of the Monte Cristo potential suitable habitat based on we then evaluated all grid cells adjacent Limestone, and the Crystal Pass member geology, soil substrates, elevation range, to disturbed areas and eliminated grid of the Sultan Limestone Formation at and plant communities. The SBNF cells where either the entire cell or the elevations between 1,440 and 2,372 m ranked the relative importance of the majority of the cell was within a (4,724 and 7,782 ft); known localized occurrences of disturbed area. Cells that had (2) Soils with intact, natural surfaces carbonate plants by evaluating the size, documented localized occurrences of that have not been substantially altered density, location, configuration, the carbonate plants were retained even by land use activities (e.g., graded, associated species, defensibility (i.e., if the majority of the cell was disturbed. excavated, re-contoured, or otherwise against threats) of each occurrence, and In defining critical habitat boundaries, altered by ground-disturbing a general assessment of habitat we made an effort to exclude all equipment); and conditions. Priority was also given to developed areas, such as towns, (3) Associated plant communities that localized occurrences that represented buildings, active mines, and lands have areas with a moderately open the limits of ecological and geographical unlikely to contain the primary canopy cover (generally between 25 and variability of the species (e.g., highest constituent elements essential for the 53 percent (Neel 2000)). and lowest in elevation, westernmost conservation of each of the five and easternmost in distribution). carbonate plants. Our 100-m UTM grid Criteria Used To Identify Critical We used the distribution and minimum mapping unit was designed to Habitat occurrence data from outside sources, minimize the amount of non-essential The downlisting and delisting our aggregate occurrence groupings, and lands included in our designation. sections of the revised draft San the SBNF occurrence ranking However, as an artifact of the mapping Bernardino Mountains Carbonate information and modeled suitable process, critical habitat may include Endemic Plants Recovery Plan (USFWS, habitat maps to determine habitat areas some disturbed areas and undisturbed in prep.) for the five carbonate plants, in essential to the conservation of the five areas that do not contain primary concert with the draft CHMS (Olsen carbonate plants. We used 1996 and constituent elements. Though mapped 2002), identify the specific recovery 2000 aerial photography to identify as such, existing features and structures, needs of these species and facilitated areas for removal from critical habitat such as buildings, mines that are active the identification of areas essential to designation that have (1) urban at the time of this publication, paved or their conservation. The published and development; (2) active mining; and (3) unpaved roads, other paved or cleared revised draft recovery plans identify other ongoing disturbances. The 1996 areas, lawns, and other urban lands as important for the long-term imagery provided 1-m resolution, while landscaped areas are unlikely to contain conservation of the carbonate plants the 2000 imagery provided more recent one or more of the primary constituent that: (1) Contain known occurrences information, but at a lower resolution. elements. Federal actions limited to that must be conserved to recover the We also reviewed previous those areas, therefore, would not trigger species; (2) include habitats that were consultations completed under section 7 a section 7 consultation, unless they part of a historical population of the Act for the carbonate plants to may affect the species or the primary distribution adjacent to occupied areas remove any additional lands that were constituent elements in adjacent critical and are needed for the expansion and previously determined to be non- habitat. stability of additional occurrences; and essential. The delineated localized The critical habitat units described (3) provide landscape connectivity occurrence boundaries were refined to below constitute our best assessment of between occurrences that are required to include: (1) Potential adjacent seed areas that are essential for the species’ maintain genetic exchange and the banks; (2) habitat to maintain natural conservation. New information obtained natural processes of extirpations and equilibrium between local extirpation in the time between the proposed rule colonizations. To recover the carbonate and colonization events; (3) and this final rule, including additional plants to the point where they can be connectivity of suitable habitat to information received during the two downlisted or delisted, it is essential to maintain potential gene flow among public comment periods, did not result preserve the species’ genetic diversity, sites through pollen and seed dispersal; in a refinement of our critical habitat as well as their habitat. and (4) upslope or upstream geologic boundaries for this final rulemaking. During the development of the substrates that provide the necessary programmatic consultation for the four materials to replace the soils which are Critical Habitat Designation southern California National Forests continually lost to natural processes. To The acreage of designated critical (USFWS 2001c) and the draft CHMS map these essential lands, we overlaid habitat land ownership is shown in (Olsen 2002), the SBNF delineated the them with a 100-m Universal Transverse Table 1.

TABLE 1.—DESIGNATED CRITICAL HABITAT IN HECTARES (HA) (ACRES (AC)) BY SPECIES AND LAND OWNERSHIP, SAN BERNARDINO COUNTY, CALIFORNIA [Area estimates reflect critical habitat unit boundaries, not primary constituent elements within 1]

Species Federal 2 Private Total

Astragalus albens ...... 1,565 ha (3,870 ac) ...... 200 ha (495 ac) ...... 1,765 ha (4,365 ac). Erigeron parishii ...... 1,330 ha (3,280 ac) ...... 460 ha (1,140 ac) ...... 1,790 ha (4,420 ac). Eriogonum ovalifolium var. vineum ...... 2,440 ha (6,025 ac) ...... 375 ha (930 ac) ...... 2,815 ha (6,955 ac). Lesquerella kingii ssp. bernardina ...... 405 ha (1,005 ac) ...... 10 ha (20 ac) ...... 415 ha (1,025 ac). Oxytheca parishii var. goodmaniana ...... 1,085 ha (2,675 ac) ...... 190 ha (475 ac) ...... 1,275 ha (3,150 ac).

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TABLE 1.—DESIGNATED CRITICAL HABITAT IN HECTARES (HA) (ACRES (AC)) BY SPECIES AND LAND OWNERSHIP, SAN BERNARDINO COUNTY, CALIFORNIA—Continued [Area estimates reflect critical habitat unit boundaries, not primary constituent elements within 1]

Species Federal 2 Private Total

Total 3 ...... 4,565 ha (11,280 ac) ...... 770 ha (1,900 ac) ...... 5,335 ha (13,180 ac). 1 Hectares have been converted to acres (1 ha = 2.47 ac). Based on the level of imprecision of mapping at this scale, hectares and acres have been rounded to the nearest 5. 2 Federal lands include SBNF and BLM lands. 3 Because of overlapping boundaries, the sum of designated critical habitat for each carbonate plant species does not equal the total area that has been designated as critical habitat for each species.

The designated critical habitat areas A brief description of each unit and lands that, among other functions, described below constitute our best reasons for designating it as critical would provide conservation benefits to assessment of the areas essential for the habitat are presented below. the four carbonate plant species in this conservation of each of the five unit. These proposed management Unit 1: Northeastern Slope Unit, San carbonate plants. Each polygon (e.g., areas, at least in part, are intended to Bernardino County, California (4,850 closed mapped area) representing satisfy the CHMS conservation goals for critical habitat for each species is ha (11,980 ac)) the carbonate plants. These lands would considered to be occupied by standing The Northeastern Slope Unit includes include a proposed SBNF Special plants and seeds as part of the seed bank 115 separate polygons (subunits) around Management Area (SMA), a proposed and contains one or more of their important occurrences of the carbonate BLM Area of Critical Environmental primary constituent elements. We are plants. The unit extends from White Concern (ACEC), and additional designating approximately 5,335 ha Mountain at the western edge to proposed reserve lands currently held (13,180 ac) of land as critical habitat for Rattlesnake Canyon at the eastern edge, by private mining interests. It is the five carbonate plants. a distance of approximately 40 km (25 anticipated that these special land The lands designated as critical mi). The lands within this unit contain designations would occur sometime habitat have been divided into three the majority of the carbonate substrates after the implementation of the CHMS critical habitat units: the Northeastern in the carbonate belt that spans the through the provisions of a consultation Slope Unit (Unit 1), Bertha Ridge Unit north to northeastern slope of the San between the SBNF and the Service. (Unit 2), and Sugarlump Ridge Unit Bernardino Mountains. This unit These lands, however, currently do not (Unit 3). The Northeastern Slope Unit includes occurrences of four of the five have approved management provisions contains Astragalus albens, Erigeron carbonate plants: Astragalus albens, for the carbonate plants and their parishii, Eriogonum ovalifolium var. Erigeron parishii, Eriogonum habitat, and habitat degradation may vineum, and Oxytheca parishii var. ovalifolium var. vineum, and Oxytheca still be occurring due to ongoing goodmaniana. The Bertha Ridge Unit parishii var. goodmaniana. This unit activities identified in the final listing contains Eriogonum ovalifolium var. contains the majority of the known rule for these species (see USFWS vineum and Lesquerella kingii ssp. range of occurrences for each of these 2001b). Therefore, the subject lands bernardina. The Sugarlump Ridge Unit four carbonate plants, including all or continue to require special management contains Lesquerella kingii ssp. part of the following aggregate and protection to ensure the bernardina. Lands designated as critical occurrences: 17 of 20 for Astragalus conservation of the carbonate plants and habitat are under Federal and private albens; 22 of 27 for Erigeron parishii; 22 their habitat. ownership. Federal lands include areas of 28 for Eriogonum ovalifolium var. The persistence of the carbonate plant owned or managed by the SBNF and vineum; 18 of 19 for Oxytheca parishii populations likely depends on the BLM. var. goodmaniana. combined dynamics of local We are designating all or part of the This unit contains localized extirpations and new colonizations by following aggregate occurrences: 15 of occurrences of the carbonate plants that dispersal (Given 1994, Hanski 1999, 20 for Astragalus albens, 20 of 27 for the SBNF ranked as important for their Hanksi and Gilpin 1991). Every Erigeron parishii, 22 of 28 for survival and conservation (S. Eliason, in carbonate plant occurrence in this unit Eriogonum ovalifolium var. vineum, 18 litt. 2001). The SBNF’s ranking was is important to maintain the natural of 19 for Oxytheca parishii var. instrumental in our determining which population dynamics of local goodmaniana, 2 of 2 for Lesquerella aggregate occurrences of each carbonate extirpation and colonization events that kingii ssp. bernardina. Based on public plant were essential within this critical are necessary for the conservation of the comment, we reviewed our aggregate habitat unit. Additionally, the revised species. Every carbonate plant grouping classification. As a result, the draft San Bernardino Mountains occurrence in this unit is important as number of aggregate occurrences that we Carbonate Endemic Plants Recovery a seed source to colonize unoccupied are designating may differ from those in Plan (USFWS, in prep.) specifically sites and therefore maintain an the proposed rule, however, the extent mentions that the permanent protection equilibrium between colonization and of areas included in our designation has of (1) a large number of core (a relatively extirpation events. Every carbonate not changed. We are not including all or large number of individual plants in a plant occurrence in this unit potentially part of some aggregate occurrences given geographic area) occurrences, and provides important genetic material because the habitat in those areas is (2) the majority of the remaining through cross pollination and seed considered to be too degraded, or so additional occurrences of each of these dispersal which may help maintain small and isolated as to not have long- four carbonate plants are necessary for genetic diversity and thus reduce the term viability, and therefore, not their downlisting and/or delisting. likelihood of extirpation. essential to the conservation of the This unit contains proposed Lands within this unit are essential to species. management areas on public and private the conservation of these four carbonate

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plants because they provide (1) suitable communities for each of these species; The acreage of critical habitat for Unit carbonate substrates and carbonate- and (3) habitat conditions that support 1 by land ownership is shown in Table derived soils with intact, natural the majority of known plant occurrences 2. surfaces associated with each of these of these species, including a number of species; (2) associated plant important core occurrences.

TABLE 2.—CRITICAL HABITAT FOR UNIT 1 IN HECTARES (HA) (ACRES (AC)) BY SPECIES AND LAND OWNERSHIP, SAN BERNARDINO COUNTY, CALIFORNIA [Area estimates reflect critical habitat unit boundaries, not primary constituent elements within 1]

Species BLM USFS Federal total Private Total

Astragalus albens ...... 345 ha (850 ac) ...... 1,220 ha (3,020 ac) .. 1,565 ha (3,870 ac) .. 200 ha (495 ac) ...... 1,765 ha (4,365 ac). Erigeron parishii ...... 390 ha (960 ac) ...... 940 ha (2,320 ac) ..... 1,330 ha (3,280 ac) .. 460 ha (1,140 ac) ..... 1,790 ha (4,420 ac). Eriogonum ovalifolium 175 ha (430 ac) ...... 2,120 ha (5,230 ac) .. 2,290 ha (5,660 ac) .. 375 ha (930 ac) ...... 2,665 ha (6,590 ac). var. vineum. Oxytheca parishii var. 35 ha (85 ac) ...... 1,050 ha (2,590 ac) .. 1,085 ha (2,675 ac) .. 190 ha (475 ac) ...... 1,275 ha (3,150 ac). goodmaniana.

Total 2 ...... 640 ha (1,585 ac) ..... 3,450 ha (8,515 ac) .. 4,090 ha (10,100 ac) 760 ha (1,880 ac) ..... 4,850 ha (11,980 ac) 1 Hectares have been converted to acres (1 ha = 2.47 ac). Based on the level of imprecision of mapping at this scale, hectares and acres have been rounded to the nearest 5. 2 Because of overlapping boundaries, the sum of designated critical habitat for each carbonate plant species does not equal the total area that has been designated as critical habitat for each species.

Unit 2: Bertha Ridge Unit, San contain plants that harbor genetic The core occurrences of the two Bernardino County, California (275 ha characteristics essential to overall long- carbonate plants in this unit are (685 ac)) term conservation of the species. important as potential sources for the Each of the localized occurrences colonization events (e.g., seed dispersal) The Bertha Ridge Unit includes four contained in this unit has been necessary to maintain the natural separate polygons encompassing identified by the SBNF as being population dynamics of the species. important occurrences of the carbonate important core occurrences for the Every carbonate plant occurrence in this plants. This unit is located on the north survival and conservation for each unit is important as a seed source to side of Big Bear Lake adjacent to Big carbonate plant species. Additionally, colonize unoccupied sites and therefore Bear City, California. It is near the east the revised draft San Bernardino maintain an equilibrium between local end of Bertha Ridge on its south facing Mountains Carbonate Endemic Plants colonization and extirpation events. slope. The majority of lands within this Recovery Plan (USFWS, in prep.) Every carbonate plant occurrence in this unit contain soils derived from specifically mentions that the unit potentially provides important carbonate substrates (particularly permanent protection of each of the genetic material through pollen and dolomite) that are essential to the localized occurrences in this unit of seed dispersal which may help maintain survival and conservation of both these two carbonate plants are necessary genetic diversity and reduce the carbonate plant species. This unit for their downlisting and/or delisting. likelihood of regional extirpation contains important core occurrences of The SBNF is planning a revision of events. two of the five carbonate plants: their Resource Management Plan in the Eriogonum ovalifolium var. vineum and near future that, among other functions, Lands within this unit are essential to Lesquerella kingii ssp. bernardina. would provide conservation benefits to the conservation of both of these This unit contains one of the two the two carbonate plant species and carbonate species because they provide Lesquerella kingii ssp. bernardina their habitat in this unit. These lands, (1) suitable carbonate substrates and aggregate occurrences. It is a core however, currently do not have carbonate derived soils with intact, occurrence that may be large enough to approved management provisions for natural surfaces associated with each of maintain the natural dynamics of local the carbonate plants and their habitat, these species; (2) associated plant extirpation and colonization events. and habitat degradation may still be communities for each of these species; This unit also contains a disjunct occurring due to ongoing activities and (3) habitat conditions that support Eriogonum ovalifolium var. vineum identified in the final listing rule for the majority of known plant occurrences aggregate occurrence, and the only these species (see USFWS 2001b). of these species, including a number of Eriogonum ovalifolium var. vineum Therefore, the subject lands continue to important core occurrences. aggregate occurrence found on soils require special management and The acreage of critical habitat for Unit primarily derived from dolomite parent protection to ensure the conservation of 2 by land ownership is shown in Table material. This aggregate occurrence may these species and their habitat. 3.

TABLE 3.—CRITICAL HABITAT FOR UNIT 2 IN HECTARES (HA) (ACRES (AC)) BY SPECIES AND LAND OWNERSHIP, SAN BERNARDINO COUNTY, CALIFORNIA [Area estimates reflect critical habitat unit boundaries, not primary constituent elements within1]

Species BLM USFS Federal total Private Total

Eriogonum ovalifolium 0 ha (0 ac) ...... 150 ha (365 ac) ...... 150 ha (365 ac) ...... 0 ha (0 ac) ...... 150 ha (365 ac). var. vineum.

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TABLE 3.—CRITICAL HABITAT FOR UNIT 2 IN HECTARES (HA) (ACRES (AC)) BY SPECIES AND LAND OWNERSHIP, SAN BERNARDINO COUNTY, CALIFORNIA—Continued [Area estimates reflect critical habitat unit boundaries, not primary constituent elements within1]

Species BLM USFS Federal total Private Total

Lesquerella kingii ssp. 0 ha (0 ac) ...... 195 ha (490 ac) ...... 195 ha (490 ac) ...... 10 ha (20 ac) ...... 205 ha (510 ac). bernardina.

Total 2 ...... 0 ha (0 ac) ...... 265 ha (665 ac) ...... 265 ha (665 ac) ...... 10 ha (20 ac) ...... 275 ha (685 ac). 1 Hectares have been converted to acres (1 ha = 2.47 ac). Based on the level of imprecision of mapping at this scale, hectares and acres have been rounded to the nearest 5. 2 Because of overlapping boundaries, the sum of designated critical habitat for each carbonate plant species does not equal the total area that has been designated as critical habitat for each species.

Unit 3: Sugarlump Ridge Unit, San permanent protection of this occurrence extirpation and colonization. Every Bernardino County, California (210 ha is necessary for its downlisting or occurrence of this carbonate plant in (515 ac)) delisting. this unit is important as a potential seed The SBNF is planning a revision of source to colonize unoccupied sites. The Sugarlump Ridge Unit includes their Resource Management Plan in the Every occurrence of this species in this two separate polygons encompassing an near future that, among other functions, unit may provide important genetic important core occurrence of the would provide conservation benefits to material through pollen and seed Lesquerella kingii ssp. bernardina. This Lesquerella kingii ssp. bernardina and dispersal which may maintain long-term unit is centered on the north-facing its habitat in this unit. These lands, viability and genetic diversity, and slope of Sugarlump Ridge south of Bear however, currently do not have thereby potentially reduce the Valley, approximately 10 km (6.2 mi) approved management provisions for likelihood of extirpation. south of the Bertha Ridge unit. The soils the carbonate plants and their habitat, Lands within this unit are essential to in this unit are primarily derived from and habitat degradation may still be the conservation of Lesquerella kingii dolomite instead of limestone. occurring due to ongoing activities ssp. bernardina because they provide (1) Lesquerella kingii ssp. bernardina is the identified in the final listing rule for suitable carbonate substrates and only carbonate plant in this unit. these species (see USFWS 2001b). carbonate derived soils with intact, This unit contains one of the two Therefore, the subject lands continue to natural surfaces associated with this known Lesquerella kingii ssp. require special management and species; (2) associated plant bernardina aggregate occurrences, and protection to ensure the conservation of has been identified by the SBNF as Lesquerella kingii ssp. bernardina and communities for this species; and (3) being a very important core occurrence its habitat. habitat conditions that support the for the survival and conservation of The core Lesquerella kingii ssp. majority of known plant occurrences of Lesquerella kingii ssp. bernardina. bernardina occurrence in this unit is this species, including an important Additionally, the revised draft San important as a source for potential core occurrence. Bernardino Mountains Carbonate colonization events (e.g., seed dispersal) The acreage of critical habitat for Unit Endemic Plants Recovery Plan (USFWS, that may be necessary to maintain the 3 by land ownership is shown in Table in prep.) specifically mentions that the natural population dynamics of local 4.

TABLE 4.—CRITICAL HABITAT FOR UNIT 3 IN HECTARES (HA) (ACRES (AC)) BY SPECIES AND LAND OWNERSHIP, SAN BERNARDINO COUNTY, CALIFORNIA [Area estimates reflect critical habitat unit boundaries, not primary constituent elements within 1]

Species BLM USFS Federal total Private Total

Lesquerella kingii ssp. 0 ha (0 ac) ...... 210 ha (515 ac) ...... 210 ha (515 ac) ...... 0 ha (0 ac) ...... 210 ha (515 ac). bernardina. 1 Hectares have been converted to acres (1 ha = 2.47 ac). Based on the level of imprecision of mapping at this scale, hectares and acres have been rounded to the nearest 5.

Effects of Critical Habitat Designation governments, and other non-Federal requirement is met through section 7 entities are not affected by the consultation under the Act. Our Section 7 Consultation designation of critical habitat unless regulations define ‘‘jeopardize the The regulatory effects of a critical their actions occur on Federal lands, continued existence’’ as to engage in an habitat designation under the Act are require Federal authorization, or involve action that reasonably would be triggered through the provisions of Federal funding. expected, directly or indirectly, to section 7, which applies only to Section 7(a)(2) of the Act requires reduce appreciably the likelihood of activities conducted, authorized, or Federal agencies, including us, to insure both the survival and recovery of a funded by a Federal agency (Federal that their actions are not likely to listed species in the wild by reducing actions). Regulations implementing this jeopardize the continued existence of a the reproduction, numbers, or interagency cooperation provision of the listed species or result in the distribution of that species (50 CFR Act are codified at 50 CFR 402. destruction or adverse modification of 402.02). ‘‘Destruction or adverse Individuals, organizations, States, local designated critical habitat. This modification of designated critical

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habitat’’ is defined as a direct or indirect Reasonable and prudent alternatives can may also jeopardize the continued alteration that appreciably diminishes vary from slight project modifications to existence of the species. Activities that, the value of the critical habitat for both extensive redesign or relocation of the when carried out, funded or authorized the survival and recovery of the species project. by a Federal agency, may directly or (50 CFR 402.02). Such alterations Regulations at 50 CFR 402.16 require indirectly destroy or adversely modify include, but are not limited to, adverse Federal agencies to reinitiate critical habitat include, but are not changes to the physical or biological consultation on previously reviewed limited to: features (i.e., the primary constituent actions in instances where critical (1) Removing, thinning, or destroying elements) that were the basis for habitat is subsequently designated, and the five carbonate plants habitat (as determining the habitat to be critical. the Federal agency has retained defined in the primary constituent Section 7(a)(4) requires Federal discretionary involvement or control elements discussion), whether by agencies to confer with us on any action over the action or such discretionary burning, mechanical, chemical, or other that is likely to jeopardize the continued involvement or control is authorized by means (e.g., plowing, grubbing, grading, existence of a proposed species or result law. Consequently, some Federal grazing, woodcutting, construction, road in destruction or adverse modification agencies may request reinitiation of building, mining, herbicide application, of proposed critical habitat. Conference consultation or conference with us on etc.); reports provide conservation actions for which formal consultation (2) Activities that appreciably degrade recommendations to assist the agency in has been completed, if those actions or destroy the five carbonate plants’ eliminating conflicts that may be caused may affect designated critical habitat. habitat (and their primary constituent by the proposed action. The Activities on Federal lands that may elements), including, but not limited to, conservation recommendations in a affect the five carbonate plants or their livestock grazing, clearing, discing, conference report are advisory. critical habitat will require section 7 farming, residential or commercial We may issue a formal conference consultation. Activities on private or development, introducing or report, if requested by the Federal action State lands requiring a permit from a encouraging the spread of nonnative agency. Formal conference reports Federal agency, such as a permit from species, off-road vehicle use, and heavy include an opinion that is prepared the U.S. Army Corps of Engineers recreational use; and according to 50 CFR 402.14, as if the (ACOE) under section 404 of the Clean (3) Appreciably decreasing habitat species was listed or critical habitat Water Act, a permit under section value or quality through indirect effects designated. We may adopt the formal 10(a)(1)(B) of the Act from the Service, (e.g., edge effects, invasion of exotic conference report as the biological or some other Federal action, including plants or animals, or fragmentation). opinion when the species is listed or funding (e.g., from the Federal Highway If you have questions regarding critical habitat designated, if no Administration (FHWA), Federal whether specific activities will substantial new information or changes Aviation Administration (FAA), or constitute adverse modification of in the action alter the content of the Federal Emergency Management Agency critical habitat, contact the Field opinion (see 50 CFR 402.10(d)). (FEMA)); permits from the Department Supervisor, Carlsbad Fish and Wildlife If a species is listed or critical habitat of Housing and Urban Development Office (see ADDRESSES section). Requests is designated, section 7(a)(2) requires (HUD); activities by Immigration and for copies of the regulations on listed Federal agencies to ensure that activities Naturalization Service (INS) on their wildlife and plants, and inquiries about they authorize, fund, or carry out are not land or land under their jurisdiction; prohibitions and permits may be likely to jeopardize the continued activities funded by the U.S. addressed to the U.S. Fish and Wildlife existence of such a species or to destroy Environmental Protection Agency Service, Branch of Endangered Species, or adversely modify its critical habitat. (EPA), Department of Energy (DOE), or 911 NE. 11th Ave., Portland, OR 97232 If a Federal action may affect a listed any other Federal agency; regulation of (telephone 503/231–6131; facsimile species or its critical habitat, the airport improvement activities by FAA; 503/231–6243). responsible Federal agency (action and construction of communication Relationship to Habitat Conservation agency) must enter into consultation sites licensed by the Federal Plans and Other Planning Efforts with us. Through this consultation, we Communications Commission (FCC) would ensure that the permitted actions will also continue to be subject to the Only one habitat conservation plan do not destroy or adversely modify section 7 consultation process. Federal (HCP), Habitat conservation plan for the critical habitat. actions not affecting listed species or federally threatened desert tortoise, If we issue a biological opinion critical habitat and actions on non- Cushenbury sand and gravel quarry, concluding that a project is likely to Federal lands that are not federally San Bernardino, California (Lilburn result in the destruction or adverse funded, authorized, or permitted do not Corporation 1994), has been completed modification of critical habitat, we require section 7 consultation. within the area where these five would also provide reasonable and Section 4(b)(8) of the Act requires us carbonate plants occur. This HCP prudent alternatives to the project, if to briefly evaluate and describe in any addresses the federally listed as any are identifiable. Reasonable and proposed or final regulation that threatened desert tortoise (Gopherus prudent alternatives are defined at 50 designates critical habitat those agassizii). While Erigeron parishii CFR 402.02 as alternative actions activities involving a Federal action that occurs within the area addressed by this identified during consultation that can may adversely modify such habitat, or HCP, neither this species nor any other be implemented in a manner consistent that may be affected by such carbonate plant addressed in this with the intended purpose of the action, designation. Activities that may result proposal is covered under this HCP. In that are consistent with the scope of the in the destruction or adverse the event that future HCPs are Federal agency’s legal authority and modification of critical habitat include developed within the boundaries of jurisdiction, that are economically and those that alter the primary constituent designated critical habitat in which one technologically feasible, and that the elements to an extent that the value of or more of the carbonate plants is Service’s Regional Director believes critical habitat for the conservation of included as a covered species, we will would avoid the destruction or adverse the five carbonate plants is appreciably work with applicants to ensure that the modification of critical habitat. reduced. We note that such activities HCPs provide for protection and

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management of habitat areas essential posted the proposed rule and draft failed to use the best available scientific for their conservation by either directing economic analysis and associated information to propose adequate development and habitat modification material on our Carlsbad Fish and unoccupied critical habitat. to non-essential areas or appropriately Wildlife Office Internet site following Our Response: In our proposed modifying activities within essential the reopening of the public comment critical habitat designation for the five habitat areas so that such activities will period on September 20, 2002. carbonate plants, we identified those not destroy or adversely modify critical We received a total of 120 comment areas that currently contain or provide habitat. letters from 193 separate parties (4 populations and habitat components The HCP development process letters contained multiple signatures) essential to the conservation of the five provides an opportunity for more during the two public comment periods. carbonate plants. We did not include intensive data collection and analysis Comments were received from Federal some habitat areas where the five regarding the use of particular habitat and local agencies, and private carbonate plants had not been observed areas by the five carbonate plants. The organizations or individuals. No recently because we did not believe that process also enables us to conduct response was received from State these areas were essential to the detailed evaluations of the importance agencies. Of these 120 comment letters, conservation of the species. We of such lands to the long-term survival 10 were in favor of the designation, and included those areas we believe to be of the species in the context of 110 against it. We reviewed all essential, including core populations constructing a biologically configured comments received for substantive and habitat that provides the principal system of interlinked habitat preserves. issues and comments, and new biological and physical components We fully expect that any HCPs information regarding the five carbonate necessary for the conservation of the undertaken by local jurisdictions (e.g., plants. species. counties, cities) and other parties will One of the commenters cited recent Peer Review identify, protect, and provide studies that concluded that appropriate management for those We requested six biologists, who have fragmentation effects are diminished if specific lands within the boundaries of knowledge of the five carbonate plants, fragments are joined together by a the plans that are essential for the long- to provide peer review of the proposed corridor connecting two or more term conservation of the species. We designation of critical habitat for the fragments. We believe that the believe and fully expect that our five carbonate plants. Five independent configuration of areas in the designation analyses of these proposed HCPs and peer reviewers submitted comments on may substantively reduce fragmentation proposed permits under section 7 will our proposed critical habitat effects. Although all of the designated show that covered activities carried out designation. Each reviewer generally occurrences of each of the five carbonate in accordance with the provisions of the endorsed the proposal. Four of the plants are not ‘‘connected’’ by the HCPs and biological opinions will not reviewers expressed some reservations boundaries of the designation, many result in destruction or adverse as to the adequacy of the proposed localized occurrences and some modification of critical habitat. designation. More specifically, they aggregate occurrences were designated advocated the inclusion of additional within the same critical habitat area or Summary of Comments and lands to address the following issues: polygon, thereby decreasing the Recommendations connectivity, outlying occurrences, edge likelihood of fragmentation effects and In the February 12, 2002, proposed effects, and the importance of protecting improving management defensibility critical habitat designation (67 FR 6578), genetic diversity for the survival of the and opportunities for genetic exchange. we requested all interested parties to five carbonate plants. The fifth reviewer Please refer to the Criteria Used to submit comments on the specifics of the supported the designation as proposed. Identify Critical Habitat section of this proposal including information related Similar comments were grouped into rulemaking for additional discussion to biological justification, policy, three general issues relating specifically regarding criteria used in the economics, and proposed critical habitat to the proposed critical habitat development of the critical habitat for boundaries. The initial 60-day comment determination and draft economic the carbonate plants this. period closed on April 15, 2002. The analysis on the proposed determination. During the process of developing this comment period was reopened from Comments were either incorporated final rule, we re-evaluated our September 20, 2002, to October 21, 2002 directly into the final rule or final methodology and the boundaries (67 FR 59239), to allow for additional addendum to the economic analysis or defining proposed critical habitat. comments on the proposed designation, addressed in the following summary. Following that re-evaluation, we believe and comments on the draft economic that what we had proposed for the five Issue 1: Biological Justification and analysis of the proposed critical habitat. carbonate plants is based on the best Methodology We contacted all appropriate State scientific and commercial information and Federal agencies, county Comment 1: Several commenters, available and defines what we consider governments, elected officials, and other including four peer reviewers, to be essential to the conservation of the interested parties and invited them to recommended revising the critical five carbonate species. Consequently, comment. In addition, on February 18, habitat boundaries to increase we did not modify the designation for 2002, we invited public comment connectivity, and reduce the edge-to- the final rule or believe that it was through the publication of a legal notice area ratio to improve the biological or warranted to withdraw the designation in the San Bernardino Sun newspaper ecological defensibility of critical and re-propose a new designation. in southern California. We also habitat. A few commenters suggested Comment 2: Two peer reviewers provided notification of the draft that the proposed rule ignores the recommended including outlying economic analysis to all interested principles of species composition and localized occurrences of Erigeron parties. This was accomplished through reserve design, citing that habitat in parishii on BLM and University of telephone calls, letters, and news contiguous blocks is better than California Burns Reserve lands into the releases faxed or mailed to affected fragmented habitat. Another commenter, designation. elected officials, media outlets, local citing recent studies relating to Our Response: When we proposed jurisdictions, and interest groups. We fragmentation effects, suggested we critical habitat for Erigeron parishii,

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information regarding one of the subject occasionally associated with a granitic/ As discussed in the Ecology and Critical occurrences on BLM land was not limestone interface. Several occurrences Habitat Designation sections of this final available to us. We received information of this species are associated with rule, there is some evidence to support about this occurrence during the initial granitic substrates overlaid by limestone that relatively sparse or small 60-day public review period for the soils (CDFG 2002). If the commenter occurrences in close proximity to larger proposed rule. After reviewing the was using a rock substrate map, it ones may help facilitate gene flow location, size, and status of this would reveal only the granitic substrate among larger populations. Therefore, we occurrence, we have determined that in those areas. Also, by our use of the consider each carbonate plant the habitat encompassing this 100-m UTM grid to delineate critical occurrence in the subject critical habitat occurrence is likely to be too small and habitat, the designation likely results in area to be important to maintaining the isolated to be considered as essential to the inclusion of exposed granitic natural population dynamics of local the conservation of the species. substrates and granitic derived soils in extirpation and colonization events that We evaluated the information that we these interface areas. Nevertheless, each are necessary for the conservation of the had available concerning the known critical habitat polygon designated for species. Furthermore, as we noted in the occurrences on the BLM and University Erigeron parishii is known to include Ecology section of the proposed rule of California Burns Reserve lands during the primary constituent elements for the and this final rule, persistence of the the development of the proposed critical species. carbonate plants requires sufficient habitat designation. Based on the results Comment 4: Two commenters suitable habitat contiguous with areas of this review we determined that these suggested that substantial portions of that are currently occupied by the areas were too isolated from the proposed critical habitat contain non- plants. remaining occurrences and small in area carbonate rock, and should not be Finally, as stated in the Primary to be considered as essential for the considered habitat for the five carbonate Constituent Elements section of the conservation of the species. plants. One commenter specifically proposed rule and this final rule, all Consequently, they were not proposed claimed that the proposed critical areas designated as critical habitat for as critical habitat. habitat included lands adjacent to the Eriogonum ovalifolium var. vineum Comment 3: One commenter ‘‘3N88 or Crystal Creek haul road’’ contain one or more of the primary expressed concern that significant which contained granitic substrate and constituent elements essential for the amounts of proposed critical habitat on relatively small, degraded and isolated conservation of the species. After BLM lands are not occupied by Erigeron plant occurrences, and therefore, should evaluating the information provided by parishii and do not contain constituent be removed from the proposed critical the commenter regarding habitat elements (e.g., soils), and recommended habitat designation. components, plant occurrences, and that we modify critical habitat for this Our Response: The commenter refers rock substrates on lands adjacent to the species to exclude areas shown in two to critical habitat within Unit 1 that Crystal Creek (3N88) road, we were able maps provided by the commenter. includes Eriogonum ovalifolium var. to confirm that primary constituent Our Response: During the vineum occurrences. As discussed in elements are present in the subject area, development of this final designation the Species Descriptions section of the it contains habitat components tied to we reviewed the SBNF occurrence data proposed rule and this final rule, the species, and the area is occupied by for Eriogonum parishii and were able to occurrences of some of the five the species. Therefore, we consider the confirm that all of the proposed critical carbonate plants have been described on lands designated as critical habitat in habitat in question include the SBNF granitic parent material that has been subject area of Unit 1 to be essential for mapped occurrences of the species. In overlaid with soils derived from the conservation of the species. subsequent discussions with staff at the carbonate substrates washed down from Comment 5: A few commenters were BLM’s Barstow Field Office, it became upslope areas. A review of the geologic concerned that the critical habitat evident that BLM did not have the most map provided by the commenter that proposal lacked documented science, current and accurate information in includes the topography of the area particularly with respect to conclusions their database concerning occurrences around the subject haul road suggests made about why lands proposed for of the subject species. In addition, we that carbonate substrates do occur, and designation are essential to the reviewed our proposed designation and in fact are being actively mined, upslope conservation of the species. One found no aberrations to the from the subject haul road. Therefore, it commenter further argued that methodology we used to determine the is conceivable, if not likely, that determinations made about the number critical habitat boundaries in relation to carbonate soils overlay the granitic and configuration of acres or plant the delineated occurrences on BLM substrate in this particular area. occurrences essential to the long-term lands. Furthermore, as this species (including persistence of these species in the The commenter also suggested that these occurrences) has not been proposed rule was based strictly on the subject critical habitat polygons do recorded to occur on non-carbonate intuition rather than through a scientific not contain primary constituent soils, it would not be unreasonable to analysis of population parameters. elements (e.g., soils), though no assume that the granitic substrate in this Our Response: In developing our evidence was provided to support the area is overlaid with soils derived from proposed designation of critical habitat commenter’s claim, making it difficult carbonate substrates. for the five carbonate plants, we used to provide a specific response. However, The commenter also claimed that four the best commercial and scientific data as defined in the Primary Constituent of the five mapped, localized available. As discussed in the Critical Elements section of the proposed rule, occurrences immediately adjacent to the Habitat section of the proposed rule and the species Erigeron parishii is subject haul road are considered to be this final rule, critical habitat associated with soils derived primarily lost, extirpated, disturbed, declining, or designations identify, to the extent from upstream or upslope limestone, difficult to protect. While reviewing this known using the best scientific and dolomite, or quartz monzonite parent information, we noted that the fifth commercial data available, habitat areas materials. Also, as discussed in the occurrence appears much larger and is that provide essential life cycle needs of Ecology section of the proposed rule presumably intact, and that all five the species (i.e., areas on which are and this final rule, this species is occurrences are relatively close together. found the primary constituent elements,

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as defined at 50 CFR 424.12(b)). As seed banks; (2) sites to maintain natural SBNF Carbonate Species Suitable described in the Methods section of this equilibrium between local extirpation Habitat Model and ranking system, rulemaking, we were able to utilize and colonization events; (3) SBNF mapped carbonate plant available data (i.e., known occurrences, connectivity of suitable habitat to occurrence data, mapped areas of soils, and vegetation associations) to maintain potential gene flow among existing disturbance by mining assist in making our determination. As sites through pollen and seed dispersal; activities, and mapped proposed mining the commenter asserted, there is almost and (4) upslope or upstream geologic and conservation areas (SBNF GIS data no data on population dynamics and substrates that provide the necessary 2001), all of which we considered in our stability of the five carbonate plant materials to replace the soils which are determination of critical habitat. We do species. Nevertheless, we are required to continually lost to natural processes. To not believe that this designation should designate, when prudent, critical habitat map these essential lands, we overlaid deter those participating in the CHMS for listed species and believe our them with a 100-m UTM grid. Because and are confident that the plan will be approach used the best scientific and the grid included some areas that were compatible with this designation. commercial information available to deemed to be non-essential, we then Comment 9: Two commenters delineate those areas essential to the evaluated all grid cells adjacent to expressed concern about the designation conservation of the species. disturbed areas and eliminated grid of lands adjacent to existing mining Comment 6: A few commenters cells where either the entire cell or the areas. One commenter stated that the expressed concern that no definition of majority of the cell was within a designation may result in greater costs ‘‘essential’’ was provided in the disturbed area. Cells that had to the environment by limiting proposed rule. documented occurrences of the expansion of existing mines thereby Our Response: As described in the carbonate plants were retained even if increasing the development of new Critical Habitat section of the proposed the majority of the cell was disturbed. mining areas. Conversely, another rule and this final rule, to be included Since the five carbonate plants occur on commenter felt that carbonate plant in a critical habitat designation, the carbonate substrates and carbonate habitat adjacent to existing mining habitat must first be ‘‘essential to the derived soils, there is bound to be operations is expendable since other conservation of the species.’’ Since the overlap with mineral reserves. lands remain unthreatened by mining word ‘‘essential’’ is not a defined term Comment 8: A few commenters disturbance. in the Act or regulations governing the suggest that the proposed rule does not Our Response: Adjacency to existing Act, it is interpreted the same as in incorporate related scientific and mining areas was not a criteria used in common usage, i.e. a necessary commercial information generated by determining which habitat was essential component of the process leading to the draft CHMS. One commenter to the conservation of the species. The recovery. Critical habitat designations indicated that most of the lands economic analysis assumes that all acres identify, to the extent known using the identified for future mining on draft of undisturbed potentially viable best scientific and commercial data CHMS maps are included within the carbonate reserve are of equal value, available, habitat areas that provide proposed critical habitat, even though irrespective of their distance from essential life cycle needs of the species biologists involved in the CHMS have existing mining and transportation (i.e., areas on which are found the largely agreed that the mining on these infrastructure. In reality, mining primary constituent elements, as lands would not threaten long-term activities—particularly those activities defined at 50 CFR 424.12(b)). Within the conservation goals, providing that the likely to be initiated within the next 20 geographic area occupied by the species, mining effects were offset by setting years—are more likely to expand in we will not designate areas that do not, aside occupied habitat elsewhere in the concentric circles around existing at the time of the designation, have the region. infrastructure. Many acres within primary constituent elements that Our Response: We support the CHMS critical habitat that are considered provide essential life cycle needs of the stakeholders ongoing efforts to resolve potentially viable reserves are located species. The best available scientific and conflicts between mining and listed significant distances from existing commercial information regarding the species conservation needs. This type of infrastructure; conversely, many acres five carbonate plants was used in regional conservation effort will likely outside critical habitat that are determining the essential life cycle reduce expenditures of time and considered viable reserves are much needs of each species. This information resources for all parties involved closer to existing infrastructure. To was then utilized to determine the relative to that expended when these avoid underestimating the potential primary constituent elements on which types of conflicts are resolved in a impact of the rulemaking, however, the the designation was based. piecemeal fashion. However, the details economic analysis assigned an equal Comment 7: Several commenters of the plan have not been finalized probability of future mining to all expressed concern that lands proposed (Olson 2002) at this time and the court- potentially viable reserves. for designation include significant ordered time frame for completing this Comment 10: One commenter portions of known mineral reserves critical habitat designation does not suggested that proposed designation of where listed species are not present. allow the flexibility to wait for the the boundary lines using UTM Our Response: As indicated in the plan’s completion. coordinates is not based on biology and Critical Habitat section of this final rule, In preparation of the proposed rule results in the inclusion of lands not each polygon representing critical and this final rule, we utilized the containing primary constituent habitat for each species is considered to available scientific and commercial elements. be occupied by standing plants or seeds information generated by SBNF for the Our Response: As described in the and contains one or more of their draft CHMS to assist in making our Criteria Used to Identify Critical Habitat primary constituent elements. As critical habitat designation. As section of the proposed rule and this described in the Criteria Used to discussed in the Background and final rule, we recognize that not all Identify Critical Habitat section of the Methods sections of the proposed rule parcels of land designated as critical proposed rule and this final rule, the and this final rule, SBNF provided us habitat will contain the habitat mapped localized occurrences were with a GIS data layer from their detailed components essential to the refined to include: (1) Potential adjacent draft CHMS maps that included the conservation of the five carbonate

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plants. A 100-m grid is used to Our Response: The commenters refer Our Response: As discussed in the minimize areas that do not contain the to specific language in the Critical Prudency Determination section of the primary constituent elements for the Habitat section of the proposed rule and proposed rule, Section 4(a)(3) of the Act, carbonate plants being included in the this final rule that defines a Federal as amended, and implementing designation and to provide the public a agency’s responsibilities under section regulations (50 CFR 424.12) require that, precise description of the boundaries of 7(a)(2) of the Act and 50 CFR 402.02 of to the maximum extent prudent and the designation. Though mapped as the implementing regulations. One determinable, we designate critical such, existing features and structures, commenter, however, incorrectly habitat at the time a species is such as buildings, mines that are active interpreted the language in the proposed determined to be endangered or at the time of this publication, paved or rule and the Act by assuming that threatened. Our regulations (50 CFR unpaved roads, other paved or cleared ‘‘destruction,’’ per the definition, and 424.12(a)(1)) state that designation of areas, lawns, and other urban ‘‘degradation,’’ per the commenters critical habitat is not prudent when one landscaped areas are unlikely to contain paraphrasing of the critical habitat or both of the following situations one or more of the primary constituent definition, have the same meaning. exist—(1) The species is threatened by elements. Because they do not contain In 50 CFR 402.02 of the implementing taking or other human activity, and one or more of the primary constituent regulations, destruction and adverse identification of critical habitat can be elements for the species, Federal actions modification is defined as a ‘‘direct or expected to increase the degree of such limited to those areas will not trigger a indirect alteration that appreciably threat to the species, or (2) such section 7 consultation, unless they may diminishes the value of critical habitat designation of critical habitat would not affect the species or primary constituent for both the survival and recovery of a be beneficial to the species. elements in adjacent critical habitat. listed species.’’ Therefore, during a As described in our proposed rule to Comment 11: A few commenters consultation on a proposed project in designate critical habitat for the five interpreted the proposed designation to critical habitat we would evaluate the carbonate plants, we determined that it suggest that all, or nearly all, known potential direct and indirect impacts of is prudent to propose the designation of occurrences of the five carbonate plants the project on the survival and recovery critical habitat for these species. We were placed into designated critical of the species. Projects that did not made this determination, in part, habitat. The commenters suggested that ‘‘appreciably diminish the value of because there may be some additional (1) there is no scientific data generated critical habitat’’ for the survival and conservation benefits to the species by by CHMS, SBNF, or any other source, recovery of the species would not trigger designating critical habitat on lands that supports the designation of all or an adverse modification determination. essential to the conservation of the five carbonate plants. nearly all occupied habitat, (2) that it Similarly, ‘‘jeopardize the continued appeared arbitrary to designate all Comment 15: A few commenters existence’’ is defined as ‘‘engag[ing] in occurrences that were captured by 100-m expressed concern that the proposed an action that reasonable would be UTM grid cells, and (3) that such rule understates the success of re- expected, directly or indirectly, to methods of determining critical habitat vegetation/reclamation efforts on reduce appreciable the likelihood of does not consider which stands are reclaimed mining lands, and natural both the survival and recovery of a essential. colonization by carbonate plants on Our Response: As described in the listed species in the wild by reducing disturbed sites. One commenter Critical Habitat Designation section of the reproduction, numbers, or concluded that mining (and grazing) is this final rule, we did not propose to distribution of the at species.’’ compatible with the life histories of designate all known occurrences of the Therefore, when evaluating whether a these species. five carbonate plants. In our proposed proposed project would result in Our Response: As explained in the and final designation of critical habitat, jeopardy we evaluate the potential Ecology section of this rulemaking, the we selected essential habitat areas based direct and indirect impacts of the carbonate plants do not appear to be on occurrence data, soils, vegetation, project and how likely the project is to specifically linked to early vegetation elevation, topography, and current land appreciably reduce the survival and successional stages following natural uses. To a great extent, this data was recovery of the species. disturbance; however, they are found on obtained from the SBNF, including their Comment 13: One commenter some surfaces that are naturally work on the CHMS. During the analysis, wondered how in the absence of general disturbed by landslides and substrate it was determined that some areas ecological information we can upheaval (Neel 2000). Primarily, they containing one or more primary adequately assess what habitat is critical occur in habitat that is undisturbed by constituent elements did not represent to the conservation of the species. human activities, but instances of suitable habitat or were otherwise Our Response: As described in detail colonization onto human-disturbed determined not to be essential for the in the Critical Habitat section of the surfaces have been observed for all of conservation of the species. For proposed rule and this final rule, the carbonate plants (Eliason 2002, example, lands containing several section 4 of the Act requires that we White 2002). One of the subject aggregate occurrences or portions of designate critical habitat, to the commenters cited a USDA 2000 article aggregate occurrences of each species maximum extent prudent and that addressed the introduction of two were not designated, because they were determinable. We are required to base of the carbonate plant species on either too small or isolated or disturbed our designations on what, at the time of disturbed sites, and claimed that this by ongoing mining activities. Therefore, designation, we know to be essential article clearly shows that re-vegetation/ they were determined not to be essential and therefore critical habitat. Please re-establishment of the listed plants is to the conservation of the species. refer to the Critical Habitat section of beyond the experimental stage. While Comment 12: A few commenters this proposed rule for further we understand that there have been interpreted the language in the proposed explanation. some successful efforts at reintroducing rule to suggest that any proposed Comment 14: Several commenters carbonate plant species on disturbed impacts to designated critical habitat stated that the designation was not sites, and that some instances of natural would result in an adverse modification necessary to protect the five carbonate recolonization has been observed, there and/or jeopardy determination. plants. is no evidence at this time to support

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that soil structure, and/or habitat carbonate plant species, and that the best scientific and commercial structure and function, and/or populations of these three species have information available and defines what population dynamics associated with not been sufficiently isolated to result in we consider to be essential to the carbonate plant occurrences on genetic divergence (Neel 2002). While it conservation of the five carbonate disturbed surfaces are equivalent to is true that very little is known about species. Consequently, we did not those of undisturbed surfaces. how the five carbonate plants may modify the designation for the final rule Consequently, we are unable to function as metapopulations, these or believe that it was warranted to ascertain whether disturbance from dynamic relationships may be exhibited withdraw the designation and re- mining activities is compatible with the in some or all of the carbonate plant propose a new designation. life histories of the five carbonate species. plants. Just how much additional, if any, Issue 2: Policy and Regulations Comment 16: One commenter suitable habitat would be sufficient to Comment 20: Several commenters concluded that there is no evidence that ensure long-term persistence of the expressed concern that the proposed present populations are at or near a carbonate plants remains unclear. One critical habitat could negate the efforts minimum threshold for long-term distinction that may result from future of the draft CHMS, and requested that persistence, and that the listed plants work is that the geologically fragmented we withdraw, modify, and resubmit the can continue to sustain population landscape, as well as naturally critical habitat proposal, or otherwise declines associated with mining fragmented plant communities in the make the critical habitat proposal operations well into the future. landscape, may not limit pollen and consistent with the draft CHMS. Our Response: Although the seed dispersal across the landscape, Our Response: We recognize that carbonate plant species may have some however, large-scale disturbances from critical habitat is only one of many ability to occupy reclaimed areas, mining operations may be shown to conservation tools for federally listed mining operations have and continue to limit the movement of pollen and seeds, species, and the designation of critical impact the viability of populations and result in fragmentation effects habitat should not deter participation in needed to conserve the species. The detrimental to relationships among the CHMS process. Regional planning, final listing rule for the five carbonate populations of the five carbonate plants. such as the proposed CHMS, are often plants documented the species decline Future information regarding ecological the most important tools for reconciling and why they were considered to be relationships or population structure land use with the conservation of listed threatened or endangered. Limestone and other factors may support linking species on Federal lands. We anticipate mining was cited as the primary threat aggregate occurrences across lands that that future Federal land management to these species (59 FR 43652) and the at this time cannot be identified as plans in the range of the five carbonate primary threats to these plants continue containing primary constituent elements plants will include it as a covered to include population reduction and (e.g., those lands with non-carbonate species and management will be habitat loss, degradation, and substrates or non-carbonate derived provided for its long-term conservation. fragmentation from surface mining soils, or those lands with plant We expect that our future analyses of activities. While listing the species and communities not known to be Federal actions under section 7 of the designating critical habitat provides associated with carbonate plant Act will show that activities carried out significant regulatory protections for the occurrences). species, they do not automatically halt Comment 18: One commenter in accordance with the provisions of the loss of individuals of the species. suggested that potential threats of those consultations will not result in the The goal of planning efforts such as the habitat and population losses to the five destruction or adverse modification of CHMS is to maximize the species carbonate plant species attributable to critical habitat designated for the five recovery potential while providing mining activities have not been shown carbonate plants. The take minimization opportunities for future mining to be evident on lands where these and conservation measures provided activities. activities are not anticipated to occur. under these consultations are expected Comment 17: One commenter Our Response: Although areas to adequately protect the essential expressed concern that the proposed included in the critical habitat habitat lands designated as critical rule makes a case for connectivity of designation may not face threats habitat in this rule, such that the value plant occurrences to allow for gene attributable to mining, they do contain of these lands for the conservation of the flow, though there is no evidence features essential to the conservation of five carbonate plants is not appreciably presented that gene flow for the listed the species and, therefore, we have diminished through direct or indirect species is reduced across the naturally included them in the designation. alterations. If the CHMS is ultimately geologically fragmented habitat. Comment 19: Several commenters approved through a section 7 Our Response: Although anecdotal suggested we propose a new draft consultation, we may reassess the evidence indicates that the five designation that does not include critical habitat boundaries in light of the carbonate plants may behave as unoccupied habitat. consultation and as funds allow. metapopulations, the scope of the Our Response: As indicated in our During the process of developing this designation may, in fact, be limited to proposed rule and again in this final final rule, we re-evaluated our a great degree by the lack of adequate rule, we consider each polygon methodology and the boundaries evidence of these relationships. Though representing critical habitat for each of defining proposed critical habitat. we have not designated critical habitat the five carbonate plants to be occupied Following that re-evaluation, we believe based on speculation about what might by standing plants and seed as part of that what we had proposed for the five be learned about the five carbonate the seed bank. During the process of carbonate plants is based on the best plants in the future, the commenter developing this final rule, we re- scientific and commercial information poses an interesting question. We do evaluated our methodology and the available and defines what we consider know that within the naturally boundaries defining proposed critical to be essential to the conservation of the geologically fragmented landscape, habitat. Following that re-evaluation, we five carbonate species. there may be extensive gene flow among believe that what we had proposed for Comment 21: One commenter populations of at least three of the the five carbonate plants is based on the suggested that the designation of critical

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habitat is an unnecessary ‘‘duplicative’’ defined to include those that are graded, Finally, we do not feel that the layer of regulation. excavated, re-contoured, or otherwise designation will have significant Our Response: Section 4(a)(3) of the altered by ground-disturbing equipment. negative impact to private lands, the Act, as amended, requires that, to the Even though these lands may be within mining industry or the CHMS process. maximum extent prudent and the boundaries of designated critical Therefore, we believe that the benefits determinable, we designate critical habitat, are considered to be critical of designating the lands in this final rule habitat at the time a species is habitat, and may contain one or more of as critical habitat, including private determined to be endangered or the primary constituent elements (e.g., lands and those within the boundaries threatened. Therefore, if it is determined rock substrate or soils) for the species, of active mines, outweigh the benefits of to be prudent, we are required by statute Federal actions limited to those specific their exclusion from being designated as to designate critical habitat. As areas will not likely trigger a section 7 critical habitat. Consequently, none of described in the proposed critical consultation due to the existing and the proposed lands have been excluded habitat rule, we determined that critical ongoing disturbance regime, unless they from the designation based on economic habitat was prudent for the carbonate may affect the species or primary impacts or other relevant factors plants and was necessary under the Act. constituent elements in adjacent critical pursuant to section 4(b)(2) of the Act. Comment 22: One commenter habitat. Additionally, please refer to our expressed concern over the clarity of Comment 23: One commenter response to Comment 22 for a language in the proposed rule regarding suggested that the Service can exclude discussion of lands within active mines the exclusion of features such as active active mine sites and all other private that may have on-going or active mines and roads that will remain within lands from the designation under disturbance. the proposed critical habitat due to section 4(b)(2) of the Act. Another Comment 24: Two commenters mapping scale limitations. The commenter suggested that the economic indicated opposition to any critical commenter wondered if active mines, cost of the designation should outweigh habitat designation that would lead to a existing roads, active quarries, waste/ the benefits to the species and critical takings of their mining claims without overburden piles, processing facilities habitat should be ‘‘further curtailed’’ compensation or that would impose and surfaces undergoing reclamation under section 4(b)(2) of the Act. limitations on private property not would be excluded if one or more Our Response: Section 4(b)(2) of the supported by law. primary constituent elements were Act and 50 CFR 424.19 requires us to Our Response: As discussed in the present. consider the economic impact, and any Takings section of the proposed rule Our Response: We recognize that not other relevant impact, of specifying any and this final rulemaking, in accordance all parcels of land designated as critical particular area as critical habitat. We with Executive Order 12630 habitat will contain the habitat may exclude an area from critical (‘‘Government Actions and Interference components essential to the habitat if we determine that the benefits with Constitutionally Protected Private conservation of the five carbonate of exclusion outweigh the benefits of Property Rights’’), we have analyzed the plants. In developing the proposed and designating the area as critical habitat, potential takings implications of final designation, we made an effort to unless that exclusion will lead to designating approximately 5,335 ha minimize the inclusion of non-essential extinction of the species. To address the (13,180 ac) of land in San Bernardino areas that do not contain the primary commenters’ concerns, we re-evaluated County, California, in three units of constituent elements for the plants. lands proposed as critical habitat for critical habitat for the five carbonate However, due to the mapping scale, economic costs under section 4(b)(2) of plants. The takings implications some areas not essential to the the Act. In the development of final assessment concludes that this rule does conservation of the five carbonate plants critical habitat, we considered the not pose significant takings were included within the boundaries of following factors: (1) Results of our implications. A copy of the Taking final critical habitat. These areas, such economic analyses and final addendum Implications Assessment has been as active mines, existing roads, active of this rulemaking; (2) the narrow included in the supporting record for quarries, processing facilities, and other endemic nature and sensitivity of these this rulemaking. surfaces with ongoing disturbance are species and their habitat; (3) the The designation of critical habitat unlikely to provide habitat for the significant correlation between active alone does not deny anyone plants. Disturbed surfaces undergoing mines and private lands containing economically viable use of their reclamation, while they may eventually limestone deposits and occurrences of property. The Act does not provide some benefit to the species, are the carbonate plants; (4) the relationship automatically restrict all uses of critical not considered essential to the of active mines and private lands to habitat, but only imposes restrictions conservation of the five carbonate proposed critical habitat; and (5) the under section 7(a)(2) on Federal agency plants. relationship between proposed critical actions that may result in destruction or As discussed in the Critical Habitat habitat and CHMS. Based on our adverse modification of designated and Primary Constituent Elements analysis, we believe that the designation critical habitat. Use of land is not sections of the proposed rule and this of critical habitat will not have a categorically prohibited, but rather final rule, we will not designate areas significant economic impact on active certain restrictions are imposed upon that do not now have the primary mining operations or private lands, and Federal agency actions that may result constituent elements, as defined at 50 will help focus the mining industry and in the destruction or adverse CFR 424.12(b), that provide essential other stakeholders to areas being modification of critical habitat. life cycle needs of the species. identified by the CHMS for future We believe that the takings Therefore, the primary constituent mining to non-essential areas. implications associated with this critical elements of critical habitat for each Furthermore, as discussed in this final habitat designation will be insignificant, species include (among other elements) rule and our economic analyses and even though private lands are included soils with intact, natural surfaces that final addendum for this rulemaking, we as well as Federal lands. Impacts of have not been substantially altered by have determined that no significant critical habitat designation may occur land use activities. Lands having been adverse economic effects should result on private lands where there is Federal altered by land use activities are further from this critical habitat designation. involvement (e.g., Federal funding or

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permitting) subject to section 7 of the by the species. However, there may be essential to the conservation of the five Act. Impacts on private entities may specific circumstances where critical carbonate plants. also result if the decision on a proposed habitat may trigger an incremental Comment 27: One commenter action on federally owned land regulatory burden. Please refer to our suggested that the critical habitat designated as critical habitat could draft economic analysis for a discussion proposal should include environmental affect economic activity on adjoining of these specific cases. documentation in response to non-Federal land. Each action would be Comment 26: One commenter requirements of the National evaluated by the involved Federal suggested that the highly fragmented Environmental Policy Act (NEPA). The agency, in consultation with us, in proposed critical habitat designation commenter further suggested that the relation to its impact on the five ignores both the legal direction under Service’s reliance on a 1983 Federal carbonate plants and their designated the Act mandating promotion of species Register Notice to make the critical habitat. recovery and basic scientific determination for not doing an The Act provides mechanisms, understanding of requirements for Environmental Impact Statement through section 7 consultation, to effective species conservation. The pursuant to NEPA is inappropriate and resolve apparent conflicts between commenter further suggested that these inadequate. proposed Federal actions, including views are supported by case law (Sierra Our Response: As we indicated in our Federal funding or permitting of actions Club v. U.S. Fish and Wildlife Service, proposed rule, we have determined that on private land, and the conservation of 2001 U.S. App. LEXIS 3936 (5th Cir. an Environmental Assessment or an the species, including avoiding the 2001)). Environmental Impact Statement, as defined under the authority of the destruction or adverse modification of Our Response: The commenter refers National Environmental Policy Act of designated critical habitat. Based on our to a recent Fifth U.S. Circuit Court of 1969, need not be prepared in experience with section 7 consultations Appeals case in which the Court connection with regulations adopted for all listed species, most projects, determined that requirements to pursuant to section 4(a) of the Act. A including those that in their initial designate critical habitat are aimed at notice outlining our reason for this proposed form would result in jeopardy preventing extinction (i.e., jeopardy) or adverse modification determinations determination was published in the and promoting recovery of the listed in section 7 consultations, can be Federal Register on October 25, 1983 species. Critical habitat is defined in implemented successfully with, at most, (48 FR 49244). This position has been section 3 of the Act, as amended, to the adoption of reasonable and prudent upheld by the Ninth Circuit Court of include specific areas outside the alternatives. These measures must be Appeals in Douglas County v. Babbitt, geographic area occupied by a species at economically feasible and within the 48 F.3d 1495 (9th Cir. 1995). the time it is listed, upon a scope of authority of the Federal agency Comment 28: One commenter felt that determination that such areas are involved in the consultation. Therefore, the critical habitat legal descriptions in essential for the conservation of the we anticipate that this critical habitat the Federal Register were not species. Failure to conserve enough designation for the five carbonate plants appropriate for public comment, as the will not result in significant takings suitable habitat could potentially reduce legal descriptions could not easily be implications on these lands. the size and viability of fragmented compared to section, range and Comment 25: One commenter populations as surely as destruction of township descriptions usually found on expressed concern that the regulatory occupied habitat. However, we believe property ownership maps. burden to Federal agencies will be that based on the current available Our Response: This final rule contains increased by the proposed designation information concerning the carbonate the legal descriptions of areas in unoccupied critical habitat areas. plants, we are designating lands that we designated as critical habitat required Our Response: Critical habitat believe are essential to the conservation under 50 CFR 424.12(c). These receives protection under section 7 of of these species. regulations specify that each critical the Act through the prohibition against As discussed in the Critical Habitat habitat will be defined by specific destruction or adverse modification section of this rulemaking, our points and lines as found on standard with regard to actions carried out, regulations state that, ‘‘The Secretary topographic maps. We also made funded, permitted, or authorized by a shall designate as critical habitat areas available a public viewing room where Federal agency. If a Federal action may outside the geographic area presently the proposed critical habitat units affect a listed species or its critical occupied by a species only when a superimposed on 7.5 minute habitat, the responsible Federal agency designation limited to its present range topographic maps and spot imagery (action agency) must enter into would be inadequate to ensure the could be inspected. Further, we consultation with us. Through this conservation of the species.’’ (50 CFR distributed GIS coverages and maps of consultation, we would ensure that the 424.12(e)). We are required to base our the proposed critical habitat to everyone permitted actions do not destroy or designations on what, at the time of who requested them. We believe the adversely modify critical habitat. In the designation, we know to be essential to information made available to the proposed rule and draft economic the conservation of the species. Recent public was sufficiently detailed to allow analysis, we indicated that we do not genetic work on the five carbonate for informed public comment. The expect that the designation of critical plants (Neel 2000; Neel and Ellstrand accompanying maps are for illustration habitat would provide significant 2001; Neel and Ellstrand, in press) purposes only. If additional clarification additional regulatory or economic indicate that there is potentially is necessary, contact the Carlsbad Fish burdens or restrictions to those afforded extensive gene flow among populations, and Wildlife Office (see ADDRESSES the five carbonate plants pursuant to the and that these fragmented populations section). Act. This conclusion is based on the have not been sufficiently isolated to Comment 29: One commenter stated existing regulatory protections afforded undergo divergence. Nevertheless, more that the private lands occupied by the the five carbonate plants from their precise information on gene flow among five carbonate plants are not the most being listed as threatened or endangered carbonate plant populations is needed significant or most critical to the and the fact that the lands designated as to justify that additional suitable habitat continued existence of the five critical habitat are considered occupied not currently occupied by the species is carbonate plants.

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Our Response: As required by the Act Comment 31: One commenter some may not agree with the action or and regulations (section 4(b)(1)(A) and disagreed with our statement in the rationale for the listing of these species 50 CFR 424.12), we used the best Executive Order 13211 section of the in 1994 (59 FR 43652), that was a scientific and commercial data available proposed rule that ‘‘this action is not a separate rulemaking procedure and will to determine areas that contain the significant energy action; and that no not be addressed herein. If the physical and biological features that are Statement of Energy Effects is commenters believe that the five essential for the conservation of the five Required.’’ The commenter suggested carbonate plant species were listed in carbonate plants. Therefore, we are that the use of calcium carbonate, a error, then a more appropriate avenue designating lands that contain the product of limestone mining, reduces would be to submit a petition with physical and biological features the need for millions of barrels of oil, documentation supporting their (primary constituent elements) that are and concluded that the designation will position for a formal review pursuant to essential to the conservation of the increase the need to import more oil. our petition management guidance. species regardless of landownership. Our Response: Executive Order 13211 Comment 34: One commenter Comment 30: One commenter applies to regulations that significantly expressed concern that, by taking an indicated critical habitat designation on affect energy supply, distribution, and expansive and overbroad approach to private lands was not necessary, use. Executive Order 13211 requires critical habitat designation, we ignore because mining companies are already agencies to prepare Statements of the clear intent of Congress that a more subject to aggressive California Energy Effects when undertaking certain restrictive approach—designating only Environmental Quality Act (CEQA) and actions that may significantly affect occupied areas and those areas Surface Mining Reclamation Act primary energy supply, distribution, ‘‘essential to the conservation of the (SMARA) requirements to address these and use. As discussed in the proposed species’’—be implemented. species. rule and this final rule, the primary land Our Response: In proposing critical Our Response: Pursuant to subsection uses within designated critical habitat habitat for the five carbonate plants, we 4(3)(A) of the Act and 50 CFR 424.12, for the five carbonate plants include identified those finite areas that we we must, to the maximum extent mining, recreation, grazing and U.S. believed to be essential to the prudent and determinable, designate Forest Service operations. Therefore as conservation of these species. We critical habitat for species listed as stated in the proposed and final rule, no recognize that not all parcels of land endangered or threatened under the Act. significant primary energy production, designated as critical habitat will Our proposed rule to designate critical supply, and distribution facilities are contain the habitat components habitat for the five carbonate plants and included within designated critical essential to the conservation of the five this final rule are in compliance with habitat. We believe that the use of carbonate plants. the Act and implementing regulations. calcium carbonate as a filler to reduce In developing the proposal and this While we recognize that California State the need for the importation of oil final designation, we made an effort to law includes clear references to habitat would be considered to be a secondary minimize the inclusion of nonessential values, we do not find that the effect and consequently not considered areas that do not contain the primary provisions of CEQA and SMARA make under this Executive Order. As a result, constituent elements for the five the designation of critical habitat on this action is not a significant action carbonate plants. However, due to our privately owned lands unnecessary affecting primary energy production, mapping scale, some areas not essential under the Act. Even with the provisions supply, and distribution facilities, and to the conservation of the species were of CEQA and SMARA, we believe that no Statement of Energy Effects is included within the boundaries of the units designated continue to require required. proposed and final critical habitat. special management and protection to Comment 32: Several commenters These areas, such as existing mining ensure the conservation carbonate expressed opposition to a mineral operations, existing roads or other plants and their habitat. withdrawal on SBNF lands. developed lands are unlikely to provide As discussed previously, section Our Response: The proposed mineral habitat for the five carbonate plants. 4(b)(2) of the Act and 50 CFR 424.19 withdrawal on SBNF lands is a U.S. Because they do not contain one or requires us to consider the economic Forest Service action. Though the more of the primary constituent impact, and any other relevant impact, proposed mineral withdrawal may be elements for the species, Federal actions of specifying any particular area as related to the SBNF’s future limited to those areas will not trigger a critical habitat. We consider the effects management strategies for the five section 7 consultation, unless they affect of the critical habitat designation under carbonate plants and other sensitive the species or primary constituent California State law in our analysis. As species and habitat, it is not a factor in elements in adjacent critical habitat. discussed in this final rule and our our determination of critical habitat for Comment 35: One commenter economic analyses and final addendum the five carbonate plants. suggested the recent Court cases for this rulemaking, we do not feel that Comment 33: A few commenters invalidated our definition of adverse the designation will have significant expressed opposition to the listing of modification, and limited our authority negative impact to private lands or the the five carbonate plants. One under the jeopardy standard, thereby mining industry. Therefore, we believe commenter suggested that there is setting a lower threshold for adverse that the benefits of designating the lands almost no peer-reviewed science to modification than that for the jeopardy in this final rule as critical habitat, support the listing, and that the species’ standard. including private lands and those range is from Canada to Mexico. In Our Response: In the March 15, 2001, within the boundaries of active mines, conclusion, the commenter requested decision of the United States Court of outweigh the benefits of their exclusion that a National Academy of Sciences Appeals for the Fifth Circuit (Sierra from being designated as critical habitat. Panel be convened to review the listing Club v. U.S. Fish and Wildlife Service et Consequently, none of the proposed action. al., 245 F.3d 434) regarding a challenge lands have been excluded from the Our Response: The current to a not prudent finding, the Court designation based on economic impacts rulemaking is for the consideration and determined that our definition of or other relevant factors pursuant to designation of critical habitat for the destruction or adverse modification as section 4(b)(2) of the Act. five carbonate plant species. While currently contained in 50 CFR 402.02 is

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invalid. In response to this decision, we provided specific information. language or intent of the [Endangered are reviewing the regulatory definition Additionally, we are mandated to follow Species Act (ESA)].’’ of adverse modification in relation to certain guidelines and standards for the In this analysis, the Service addresses the conservation of the species. development of economic analyses. the 10th Circuit’s concern that we give These are referred to in our draft meaning to the ESA’s requirement of Issue 3: Economic Issues economic analysis and the final considering the economic impacts of Comment 36: A number of addendum to the draft economic designation by acknowledging the commenters provided information and analysis. uncertainty of assigning certain post- general comments on regional and Comment 38: Several commenters designation economic impacts specific economics of the area and stated that the required economic (particularly section 7 consultations) as industries within proposed critical analysis was not completed and having resulted from either the listing or habitat prior to the release of the draft available for public review and the designation. The Service believes economic analysis. Further, several comment concurrently with the release that for many species the designation of commenters provided specific of the proposed critical habitat critical habitat has a relatively small comments on the draft economic designation. economic impact, particularly in areas analysis relating to various data and Our Response: Pursuant to subsection where consultations have been ongoing information used in the analysis. 4(b)(2) of the Act, we are to evaluate, with respect to the species. This is Our Response: We appreciated among other relevant factors, the because the majority of the receiving information concerning potential economic effects of the consultations and associated project regional and specific economics of the designation of critical habitat for the modifications, if any, already consider area and industries within proposed five carbonate plants during the habitat impacts and as a result, the critical habitat. Copies of all public development of the designation. We process is not likely to change due to comments on the proposed designation the designation of critical habitat. of critical habitat for the five carbonate published our proposed designation in the Federal Register on February 12, Nevertheless, we recognize that the plants were provided to our Division of nationwide history of consultations on Economics and their consultants, 2002 (67 FR 6578). At that time, our Division of Economics, their critical habitat is not broad, and, in any Industrial Economics, Inc., and particular case, there may be subconsultants, Economic & Planning consultants, Industrial Economics, Inc., and subconsultants, Economic & considerable uncertainty whether an Systems, for use in the development of impact is due to the critical habitat Planning Systems, initiated the draft the draft economic analysis of the designation or the listing alone. We also economic analysis. The draft economic proposed designation. Additionally, we understand that the public wants to analysis was made available for public provided our Division of Economics, know more about the kinds of costs comment and review beginning on their consultants, and subconsultants consultations impose and frequently September 20, 2002 (67 FR 59239). with copies of all comments and believe that designation could require Following a 30-day public comment information on the draft economic additional project modifications. analysis submitted during the second period on the proposal and draft Therefore, this analysis incorporates public comment period for their use in economic analysis, a final addendum to two baselines. One addresses the developing the final addendum to the the economic analysis was completed. impacts of critical habitat designation draft economic analysis. Specific Both the draft economic analysis and that may be ‘‘attributable co- information and comments related to final addendum were used in the extensively’’ to the listing of the species. the potential economic effects of the development of this final designation of Because of the potential uncertainty designation of critical habitat for the critical habitat for the five carbonate about the benefits and economic costs five carbonate plants and information plants. Consequently, we believe that resulting from critical habitat contained within the draft economic we are in compliance with the provision designations, we believe it is reasonable analysis are addressed in this final rule, of subsection 4(b)(2) of the Act. Please to estimate the upper bounds of the cost the draft economic analysis, or the final refer to the Economic Analysis section of project modifications based on the addendum to the draft economic of this final rule for a more detailed benefits and economic costs of project analysis. discussion of these documents. modifications that would be required Comment 37: Several commenters Comment 39: A few commenters due to consultation under the jeopardy critiqued a variety of underlying expressed concern that the Service standard. It is important to note that the assumptions in the draft economic continues to use a ‘‘baseline’’ or inclusion of impacts attributable co- analysis without providing any incremental approach to quantifying extensively to the listing does not alternative sources of information or economic impacts of the proposed rule. convert the economic analysis into a approaches. The commenters clarified that the tool to be considered in the context of Our Response: While we appreciate Service has repeatedly stated its a listing decision. As the court comments concerning our approach to intention to follow the mandate of the reaffirmed in the southwestern willow evaluating the potential economic effect New Mexico Cattle Growers Association flycatcher decision, ‘‘the ESA clearly of the critical habitat designation for the v. U.S.F.W.S., 248 F.3d 1277 (10th Cir. bars economic considerations from five carbonate plants, it is difficult for 2001) on the southwestern willow having a seat at the table when the us to respond to or utilize comments flycatcher critical habitat, but has listing determination is being made.’’ that merely suggest that our approach is seemingly failed to do so. The other baseline, the lower flawed or the underlying assumptions of Our Response: In New Mexico Cattle boundary baseline, will be a more our analysis are wrong. We can only Growers Association v. U.S.F.W.S., the traditional rulemaking baseline. It will acknowledge receipt of these comments 10th Circuit Court of Appeals held that attempt to provide the Service’s best and include them in the supporting the baseline approach to the economic analysis of which of the effects of future record for the rulemaking. However, we analysis of critical habitat designations consultations actually result from the attempted to address all comments in that was used by the Service for the regulatory action under review—i.e. the this final rule or in the final addendum southwestern willow flycatcher critical habitat designation. These costs to the draft economic analysis that designation was ‘‘not in accord with the will, in most cases be the costs of

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additional consultations, reinitiated Because our draft economic analysis construction industry (including consultations, and additional project differed significantly from the building materials for the housing modifications that would not have been conclusions asserted by Mr Jucevic in industry) or the Lucerne Valley/High required under the jeopardy standard his corrected report, we received Desert economy as a whole would be alone as well as costs resulting from substantial public comments on our impacted due to reduced output or uncertainty and perceptional impacts on draft economic analysis, specifically increased prices for mining sector markets. why our economic consultants did not products. Distributional costs, in turn, Comment 40: A few commenters rely more heavily on the data and refer to specific categories of direct costs expressed concern that the proposed conclusions of Mr. Jucevic’s report in that were not individually addressed in rule states that the designation would formulating their analysis. Our the draft economic analysis, including result in little or no incremental economic consultants carefully reduced proceeds to Kaiser Steel economic effect. Another commenter reviewed Mr. Jucevic’s analysis, and retirees, reduced stock market values, or cited language from the proposed rule identified a number of critical reduction in royalties to the Butterfield that suggests that there may be instances methodological problems that appeared family. when a section 7 consultation is to compromise its usefulness as a Indirect and distributional costs are triggered only by the presence of critical primary information source. different categories of costs or economic habitat. Additionally, many of the assumptions impact and are treated as such in the Our Response: We agree that, as a provided in his report are not supported draft economic analysis. The result of the designation, there may be by documentation or citations. Our distributional costs cited by several additional cost resulting from new economists have incorporated into the commenters are a subset of the total consultations or the re-initiation of final addendum to the draft economic economic impact estimate provided in existing consultations. However, based analysis a response to Mr. Jucevic’s the draft economic analysis. In general, on our analysis, we believe these events report that describes the aforementioned the costs estimates provided in the draft to be minimal in number and the difficulties with his analysis. economic analysis were designed to be potential costs resulting from them to be Comment 42: One commenter implied comprehensive and include all the minor. that a significant portion of the United direct costs borne by affected parties, as States’ economy, the construction Please refer to our analysis of the well as any applicable indirect costs industry, is heavily dependant on potential economic effects of the that may be associated with other limestone material generated in the designation in our draft economic Federal, State, or local requirements in Lucerne Valley area, and that the analysis and the final addendum to the addition to economic impacts that may regional economic impact of the draft economic analysis for further trickle down from direct effects. Indirect proposed designation would be discussion of these issues. economic impacts, or multiplier affects, significant. Comment 41: Several commenters Our Response: The regional are discussed qualitatively in the expressed concern that information construction industry relies on economic analysis but not quantified. prepared and submitted by Mr. Edward limestone from the Lucerne Valley area This is because the mining industry, P. Jucevic concerning economics of the and elsewhere. We believe that we have while important to the local economy mining industries within proposed adequately analyzed the potential for diversification purposes, represents critical habitat and potential effects economic effects of the critical habitat a very small portion of San Bernardino’s resulting from the proposed designation designation on the local and regional overall employment (less than 0.1 were not substantially incorporated into economy, including the construction percent). or acknowledged by the draft economic industry. Please refer to our draft The economic analysis prepared for analysis. economic analysis and the final our designations are designed to assess Our Response: Mr. Jucevic, addendum to the draft economic the overall impact to the region and to representing the three largest mining analysis for a more thorough discussion particular economic sectors. These companies with lands within the of how we addressed these significant analyses further assess the impacts to boundaries of proposed critical habitat, issues. small businesses to determine if they provided a response to a request for Comment 43: Several commenters could be disproportionately affected by information made during the suggested that the analytical methods the designation. In general, however, preparation of the draft economic used in the draft economic analysis fails with the exception of the Small analysis of the proposed designation. to address the secondary economic Business Impact section, the economic His report was titled, ‘‘Economic Impact effects that the proposed rule may have analysis is not designed to trace how the of the Proposed Designation of Critical on local interests, including material direct costs incurred by the various Habitat’’ (Jucevic 2002). He supplies utilized in the housing economic sectors would indirectly affect subsequently provided a correction industry, indirectly related to the equity stakeholders. To perform such an paper to his report. Mr Jucevic’s mining industry as a consideration analysis is generally far beyond the comment letter, his report, and under the analysis of ‘‘any other scope of regulatory analyses as it would subsequent corrections to his report relevant impact.’’ require an inherent understanding of the were provided to our economic Our Response: A number of legal construction of corporations, consultants for use in the development comments suggested that the draft proprietary financial data, and a better of the draft economic analysis of the economic analysis underestimates total understanding of company affiliations. proposed designation of critical habitat future costs because it ignores a number This enhanced understanding is for the five carbonate plants. His report of indirect or distributional costs. typically not necessary for us to make a provided specific information related to Indirect costs refer to costs incurred by final determination as opposed to our the estimated value of mineral deposits industries or third parties not directly need to better understand potential and perceived potential economic associated with the mining industry due economic impacts to particular impacts resulting from the designation to ‘‘downstream’’ economic linkages or industries, which we inherently of critical habitat if it were to be multiplier effects. For example, several understand would be borne in some part finalized as proposed. commenters state that the local by equity stakeholders.

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Please refer to the final addendum to analysis asserts that the listing of the Our Response: Please refer to our the draft economic analysis of this five plant species under the Act would response to Comment 12 for a rulemaking for a more comprehensive result in economic costs, but that only discussion of this issue. discussion of this issue. those costs incurred in the area Comment 47: One commenter Comment 44: Several commenters designated as critical habitat are suggested that the Service should be believed that our economic analysis addressed. Another commenter able to anticipate specific project failed to adequately consider all of the suggested that the draft economic modifications that may be potential indirect effects associated with analysis arbitrarily ignores most, if not recommended in the future, and should this rulemaking. One commenter all, of the impacts associated with the include and assess this information in believed that the economic analysis listing of the species. determining the potential economic should include regional transportation impacts of the proposed designation. issues, air quality compliance strategies, Our Response: Pursuant to section Our Response: Every consultation and other growth management issues, 4(b) of the Act, we are required to make under section 7 of the Act is unique in while other commenters expressed listing decisions solely on the basis of scope and potential effects to listed concerns about the economic loss to the best available scientific and species and their designated critical stockholders and small businesses such commercial data available after habitat. Due in part to the requirement as rail transport, processing and conducting a review of the status of the to conduct an effects analysis as part of packaging facilities, materials species. Congress also made it clear in a biological opinion, it would be production and construction, and the Conference Report accompanying predecisional to assume for any lodging, which would all be presumably the 1982 amendments to the Act that, hypothetical future project what associated with a decline in the ‘‘economic considerations have no conservation measures we would carbonate rock mining industry. relevance to determinations regarding recommend. However, in the draft Response: In some instances, impacts the status of species * * *’’. Economic economic analysis we utilized associated with the designation of effects are only considered during the information from previous completed critical habitat and co-extensive listing process to evaluate the potential consultations to determine potential protections that occur because of listing economic effect of designating critical project modifications for likely future may have indirect effects on the habitat. consultations. Please refer to our draft economic community. This may occur As part of the rulemaking process for economic analysis and final addendum either because entities that are directly designating critical habitat for the five to the draft economic analysis for a impacted happen to be a significant link carbonate plants, we are required, more thorough discussion of this issue. in the economic chain and thus impose pursuant to section 4(b)(2) of the Act Comment 48: One commenter upstream and downstream effects on and 50 CFR 424.19, to consider the expressed concern that the draft other industries or it may be because the economic impact, and any other economic analysis ignored the costs designation may link to requirements in relevant impact, of specifying any triggered by the ‘‘likely finding of State and local regulations that will particular area as critical habitat. We significance’’ under CEQA and SMARA cause an additional impact. may exclude an area from critical by removing these costs from the analysis and including them as part of The economic analysis prepared for habitat if we determine that the benefits this rulemaking considered both the baseline. of exclusion outweigh the benefits of scenarios. First, the economic analysis Our Response: According to section designating the area as critical habitat, concluded that the carbonate rock 15065 (California Code of Regulations unless that exclusion will lead to mining industry in the San Bernardino Title 14, Chapter 3) of CEQA guidelines, extinction of the species. Because we do mountains would not be significantly environmental impact reports are not evaluate the economics of listing a affected by the designation of critical required by local lead agencies when, species under the Act at the time of habitat and thus would not indirectly among other things, a project has the listing, the analysis of economics and affect upstream and downstream potential to ‘‘reduce the number or other relevant factors conducted for a industries in the area dependent on the restrict the range of an endangered, rare critical habitat designation that is economic activity of the mining or threatened species.’’ Though industry. This conclusion was based on performed following a listing is limited federally listed species are presumed to the consideration of the practices of the to the scope of the area being proposed meet the CEQA definition of local mining industry and associated for designation as critical habitat. ‘‘endangered, rare or threatened impacts to the carbonate plants, the However, within the area being species’’ under section 15380 (California potential for future consultations under designated as critical habitat, we did Code of Regulations Title 14, Chapter 3), section 7 of the Act and associated evaluate potential future costs resulting few additional constraints should result project modifications, and the likely from the listing of the five carbonate from the designation of critical habitat future demand for carbonate-related plants under the Act. These costs are beyond that now in place for all materials from the area. Importantly, the referred to as co-extensive costs in our federally listed species, including the economic analysis did not find that the draft economic analysis and final five carbonate plants. The presence of designation would result in curtailment addendum to the draft economic designated critical habitat does not of the mining industry in the area, a analysis. necessarily require mitigation according premise that formed the basis of concern Comment 46: A few commenters to these California regulations. Only if for some stakeholders. The economic suggested that assumptions in the draft loss or degradation of the proposed analysis also considered the potential economic analysis regarding the project site’s habitat resources (viewed indirect effects associated with State likelihood of future mining on lands comprehensively) are determined to be regulation and local practices but designated as critical habitat are invalid, significant will significant impacts to concluded that there would be no due to the language in the Act and habitat be analyzed and mitigation, significant change from current associated regulations prohibiting where feasible, be planned as part of the practices. adverse modification of critical habitat, project. Comment 45: One commenter thereby making all conclusions based on Beyond the fact that surface mining indicated that the draft economic these assumptions questionable. activities regulated by SMARA are

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generally subject to the CEQA process, Comment 51: One commenter comments on all aspects of the action. there is no specific requirement under expressed concern that the draft These procedural safeguards can ensure SMARA regarding findings of economic analysis did not consider the a thorough response to comments on significance. The SMARA and the cost of the designation in light of the quality of information. The thorough performance standards for wildlife CHMS. The commenter clarified that as consideration required by this process habitat identified in its implementing part of the implementation of the generally meets the needs of the request regulations (California Code of CHMS, the Service will issue a for correction of information process. In Regulations Title 14, section 3703) do biological opinion for certain future the case of rulemakings and other public require that reclamation plans provide mining projects, but that the designation comment procedures, where we for the conservation of federally listed will lead to a reinitiation of consultation disseminate a study analysis, or other species in accordance with the that will greatly increase costs information prior to the final requirements of the federal Endangered associated with the consultation and rulemaking, requests for correction will Species Act. Such potential future project modifications. be considered prior to the final action. section 7 costs that may be associated Our Response: The commenter We believe the public comment and with a future mining activity regulated appears to be referring to regulations at review process for this rulemaking under SMARA were considered in the 50 CFR 402.16 that requires Federal adequately addresses the commenter’s economic analysis. agencies to reinitiate consultation on concerns regarding the quality, Comment 49: One commenter previously reviewed actions in objectivity, utility, and integrity of the suggested that the ‘‘gross output’’ instances where critical habitat is economic analysis. Further, the method of determining economic subsequently designated, and the commenter did not specifically identify impacts meets the criteria of the recent Federal agency has retained how the draft economic analysis did not Tenth Circuit Court decision, and that discretionary involvement or control meet the criteria that the guidelines the value added method used in the over the action or such discretionary require. Regardless, we believe that the draft economic analysis does not. involvement or control is authorized by draft economic analysis was objectively Our Response: The value of affected law. Consequently, some Federal prepared by a professional third party reserves is reported by Jucevic in terms agencies may request reinitiation of economic consultant, using the best and of gross revenue (i.e., ‘‘gross output’’), consultations or conference with us on most reliable available scientific and obtained by multiplying future tons actions for which formal consultation commercial data available regarding has been completed, if those actions potential costs of the designation, and produced by market price. This measure may affect proposed or designated meets the criteria of the data quality does not take into account the costs that critical habitat. However, since we are guidelines. would be incurred by the mining only informally consulting on the Comment 53: Many commenters companies to extract, process and CHMS, there will not be a reinitiation suggested that the Service’s conclusion market the limestone reserves. ‘‘Value consultation, but a formal consultation that economic harm to the mining added’’ equals the production value of will likely be initiated when the plan is industry would be mitigated by the total mining output minus the costs of finalized. We anticipate that the dispersion of mining to other geographic the goods and services used to create consultation associated with the plan areas ignores the real possibility of harm this output, and is thus a more accurate will be compatible with this critical to local communities. measure of economic impact than the habitat designation. Our Response: As discussed in the gross revenue method. We believe the Comment 52: One commenter final addendum to the draft economic use of the ‘‘value added’’ method is indicated that, effective October 1, 2002, analysis, the indirect impacts from the consistent with the Tenth Circuit’s the economic analysis is subject to the critical habitat designation are likely to ruling in the New Mexico Cattle Growers requirements of the Federal Data be minimal due to a variety of factors, case. Quality Act (DQA) 44 U.S.C. 3506, and including the fact that (1) the mining Comment 50: One commenter the specific guidelines that the Service sector constitutes a very small suggested that the proposed critical adopted pursuant to the DQA. The component of San Bernardino’s habitat designation will have a commenter suggested that the economic economy (less than 1 percent of total destructive effect on recreation income analysis does not meet the criteria that employment, as noted in the draft upon which the valley of Big Bear the guidelines require, maximizing the economic analysis), (2) the local mining depends. The commenter specifically quality, objectivity, utility and integrity sector’s products constitute a relatively cited recreation opportunities in the of information disseminated by Federal small component of total production Baldwin Lake area as being at risk. agencies. costs for industries that consume these Our Response: We are designating Our Response: The U.S. Department products, (3) the reduction in mining critical habitat for Erigeron parishii on of the Interior, of which the Fish and output due to the listing and proposed SBNF lands approximately 1.2 km (0.75 Wildlife Service is part, issued designation represents a very small m) from the northeastern edge of the guidelines regarding data quality, in component of total mining output in the lake bed near Canyon Spring. This area, response to the passage of Public Law County, and (4) the competitive nature however, is outside the drainage basin 106–554 referenced by the commenter. of the mining sector suggests that any for Baldwin Lake, therefore we do not These guidelines, Information Quality reduction in supply within the anticipate that the critical habitat Guidelines Pursuant to Section 515 of proposed critical habitat boundaries designation will have any economic the Treasury and General Government will be off-set by increases in effect on recreation activities at Baldwin Appropriations Act For Fiscal Year production elsewhere, resulting in a Lake. Further, designation of critical 2001, became effective October 1, 2002. minimal change in consumer prices. habitat should not have an impact on The Service rulemaking procedure, Although the indirect economic recreational activities on non-Federal inclusive of this designation of critical impact may be disproportionately lands in the general area, because the habitat for the five carbonate plants, concentrated in the Lucerne Valley area, regulatory effects of critical habitat are includes a comprehensive public this impact is difficult if not impossible only triggered where there is a Federal comment process and imposes a legal to quantify. For one, economic nexus. obligation on us to respond to multipliers are not available below the

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county level due to their lack of benefits or costs that accrue in different designation of critical habitat are reliability in a sub-regional context. years. Discounting enables the estimated at between $38,000 and Indeed, very little economic data of any comparison of benefits or costs $115,900 (annualized value of between kind is available on Lucerne Valley occurring in different years within the $2,700 and $8,255). In making our final given that it is an unincorporated area context of a common unit of determination, we considered this within San Bernardino County. It is also measurement (OMB Circular A–94, resource cost against the expected important to note that the draft section 5(a), http:// conservation benefits to the species. See economic analysis does not suggest that www.whitehouse.gov/omb/circulars/ our response to comment 23 for a the mining industry in Lucerne Valley a094/a094.html). Accordingly, this complete explanation of our analysis. will decline from its current level due practice is recommended by the U.S. Comment 56: One commenter stated to the listing or proposed designation, Office of Management and Budget that the draft economic analysis did not but rather that future increases in (OMB) in their guidelines for cost- adequately address the impact of the production may be lower than if they benefit studies (http:// listing and the designation on were not regulated under section 7 of www.whitehouse.gov/omb/inforeg/ residential development, especially the the Act. The indirect economic impact riaguide.htm). OMB guidance suggests ability to provide affordable housing. of regulating future mining expansion is using a discount rate of seven percent to Our Response: As discussed in the likely to be much smaller than a estimate the current value of future final addendum to the economic curtailment or reduction in current resource use in the context of analysis, the listing or designation is not output levels. performing regulatory analyses. expected to have a significant effect on Comment 54: One commenter We note that contrary to the the construction cost of new homes and suggested that the current pre-draft commenter’s assertions, our economic thus on the ability of the development situation of the CHMS should not be analyses must make comparisons community to supply affordable addressed or speculated about in the between future costs that are projected housing. Please refer to the final economic analysis. to occur in different years. The necessity addendum for a more thorough Our Response: The CHMS is an for discounting does not diminish discussion of this issue. ongoing cooperative effort among the simply because there is no explicit Summary of Changes From the Service, SBNF, the BLM, San comparison with future benefits because Proposed Rule Bernardino County, the CNPS, mining it is important to understand time companies, and other stakeholders. It is preferences for cost estimates when Based on public comments, we geared toward establishing a strategy to making our final determination. reviewed our methodology for balance future mining activity with Accordingly, with a positive (non-zero) determining the extent of the carbonate plant habitat protection and discount rate, future costs are currently designation of critical habitat for the has been ongoing for approximately five worth less than they are at the time they five carbonate plants. We believe that years. While the CHMS is likely to are incurred. The application of a zero we have defined those areas that are address an agreement between the discount rate, which would reflect no essential for the conservation of these parties on management protocols for time preferences, would imply that a five plant species based on the best future activities within carbonate plant person (or society) would be indifferent available scientific and commercial habitat areas, the fact that it has not yet to having a $100 dollar cost now and information available. Consequently, we been adopted precluded its having a $100 dollar cost 50 years from did not refine the boundaries of our consideration as a baseline element. now. original proposed critical habitat for this Had the agreement been adopted, it is In the process of making our final final designation. We did, however, likely that the estimated impacts of the determination, we turn to our economic clarify our description of the economic analysis would be analysis for information regarding the methodology and rationale used in significantly less. However, certain estimated costs of the designation and defining our boundaries of critical aspects of the economic analysis rely the stakeholders that could be habitat. Please refer to the Methods and upon information generated as part of significantly impacted. Because our the Criteria Used to Identify Critical the CHMS process as it represents the decision has the potential to impact Habitat sections of the rulemaking for best available information regarding the certain stakeholders in future years, we these refinements. mining industry in the area. need to put those impacts into a present Economic Analysis Comment 55: We received one day perspective to better compare with comment suggesting that the total costs the final determination that we are Section 4(b)(2) of the Act requires us of the economic analysis should not be making today. If our economic analysis to designate critical habitat on the basis discounted. The commenter stated that failed to discount future costs, then it of the best scientific and commercial discounting is only appropriate for would give an inaccurate picture of the information available, and to consider evaluating comparisons between actual resource costs (or benefits) to the economic and other relevant alternatives that have variable benefit society from any particular policy or impacts of designating a particular area and cost streams over time. Because the alternative. as critical habitat. We may exclude areas economic analysis does not attempt to Accordingly, the economic analysis from critical habitat upon a fully quantify the economic benefits of prepared for this rulemaking estimates determination that the benefits of such the rulemaking, the commenter asserts the present value of resource costs to be exclusions outweigh the benefits of that the total estimated cost of the between approximately $221 million specifying such areas as critical habitat. regulation is best expressed without and $357 million with an annualized We cannot exclude such areas from discounting. value of between approximately $16 critical habitat when such exclusion Our Response: We disagree with the million and $25 million. Approximately will result in the extinction of the commenter’s assertion concerning 99.9 percent of this cost represents the species. We have conducted an analysis discounting the potential economic current valuation of future foregone of the economic impacts of designating effect of the designation. The primary limestone rock mining in the San these areas as critical habitat prior to purpose of discounting is to provide a Bernardino mountain area due to making a final determination (Economic present value summation of future Section 7. The costs due solely to the & Planning Systems, Incorporated

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2002a, 2002b). On September 20, 2002, substantial number of small entities. Federal involvement and so will not be we announced the availability of the The following discussion explains our affected by critical habitat designation. draft economic analysis with a notice in rationale for this certification. In estimating the numbers of small the Federal Register, and opened a 30- Small entities include small entities potentially affected, we also day public comment period on the draft organizations, such as independent non- considered whether their activities have economic analysis and proposed rule profit organizations, small governmental any Federal involvement. Designation of (67 FR 59239). Following an evaluation jurisdictions, including school boards critical habitat only has the potential to of the draft economic analysis of this and city and town governments that affect activities conducted, funded, or designation and the public comments, serve fewer than 50,000 residents, as permitted by Federal agencies. In areas we completed a final addendum. Our well as small businesses (13 CFR where the species is present, Federal final addendum to the draft economic 121.201). Small businesses include agencies are already required to consult analysis indicates that the anticipated manufacturing and mining concerns with us under section 7 of the Act on economic impact resulting from this with fewer than 500 employees, activities that they fund, permit, or designation is approximately $38,000 to wholesale trade entities with fewer than implement that may affect the five $116,000. Please refer to the draft 100 employees, retail and service carbonate plants. Federal agencies must economic analysis and final addendum businesses with less than $5 million in also consult with us if their activities for more details concerning our annual sales, general and heavy may affect designated critical habitat. economic analysis of this designation. construction businesses with less than Some kinds of activities are unlikely to $27.5 million in annual business, have any Federal involvement and so Required Determinations special trade contractors doing less than will not be affected by critical habitat Regulatory Planning and Review $11.5 million in annual business, and designation. Activities with Federal agricultural businesses with annual involvement that may require In accordance with Executive Order sales less than $750,000. To determine consultation regarding the five (E.O.) 12866, this document is a if potential economic impacts to these carbonate plants and their critical significant rule and has been reviewed small entities are significant, we habitat include: regulation of activities by the Office of Management and consider the types of activities that affecting waters of the United States by Budget (OMB), as OMB determined that might trigger regulatory impacts under the U.S. Army Corps of Engineers under this rule may raise novel legal or policy this rule as well as the types of project section 404 of the Clean Water Act; issues. As required by E.O. 12866, we modifications that may result. In management activities carried out by the have provided a copy of the rule, which general, the term ‘‘significant economic SBNF on National Forest lands; and, describes the need for this action and impact’’ is meant to apply to a typical road construction, maintenance, and how the designation meets that need, small business firm’s business right of way designations that are and the economic analysis, which operations. authorized, funded, or carried out by a assesses the costs and benefits of this To determine if the rule would affect Federal agency. As required under critical habitat designation, to OMB for a substantial number of small entities, section 4(b)(2) of the Act, we conducted review. we consider the number of small an analysis of the potential economic Regulatory Flexibility Act (5 U.S.C. 601 entities affected within particular types impacts of this critical habitat et seq.) of economic activities (e.g., housing designation. In the analysis, we found development, grazing, mineral mining, that the future section 7 consultations Under the Regulatory Flexibility Act timber harvesting, etc.). We apply the resulting from the listing of the five (5 U.S.C. 601 et seq., as amended by the ‘‘substantial number’’ test individually carbonate plants and the proposed Small Business Regulatory Enforcement to each industry to determine if designation of critical habitat could Fairness Act (SBREFA) of 1996), certification is appropriate. While potentially impose total economic costs whenever an agency is required to SBREFA does not explicitly define for consultations and modifications to publish a notice of rulemaking for any either ‘‘substantial number’’ or projects to range between approximately proposed or final rule, it must prepare ‘‘significant effect,’’ the Small Business $174 and $281 million over the next 60- and make available for public comment Administration as well as other Federal year period. Public comment on the a regulatory flexibility analysis that agencies, has interpreted these terms to draft economic analysis led to a revision describes the effects of the rule on small represent an impact on 20 percent or of third party cost estimates that would entities (i.e., small businesses, small greater of the number of small entities result from section 7 consultations. The organizations, and small government in any industry and an effect equal to changes in cost estimates are discussed jurisdictions). However, no regulatory three percent or more of a business’ and reflected in the Addendum to the flexibility analysis is required if the annual sales. Thus a ‘‘substantial Draft Economic Impact Analysis of head of the agency certifies the rule will number’’ of small entities is more than Critical Habitat Designation for the San not have a significant economic impact 20 percent of those small entities Bernardino Carbonate Plants (Economic on a substantial number of small affected by the regulation, out of the & Planning Systems, Incorporated entities. SBREFA amended the total universe of small entities in the 2002b), where we found that the future Regulatory Flexibility Act (RFA) to industry or, if appropriate, industry section 7 consultations resulting from require Federal agencies to provide a segment. In some circumstances, the listing of the five carbonate plants statement of the factual basis for especially with proposed critical habitat and the proposed designation of critical certifying that a rule will not have a designations of very limited extent, we habitat could potentially impose total significant economic impact on a may aggregate across all industries and economic costs for consultations and substantial number of small entities. consider whether the total number of modifications to projects to range SBREFA also amended the RFA to small entities affected is substantial. In between approximately $221 and $357 require a certification statement. We are estimating the numbers of small entities million over the next 60-year period. hereby certifying that this rule potentially affected, we also consider Based on the past consultation history designating critical habitat for the five whether their activities have any of the five carbonate plants, the carbonate plants will not have a Federal involvement; some kinds of economic analysis anticipated that significant economic impact on a activities are unlikely to have any future section 7 consultations could

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potentially affect small businesses entities affected by the designation of production, supply, and distribution associated with residential critical habitat for the five carbonate facilities, and no Statement of Energy development. To be conservative (i.e., plants. The draft economic analysis and Effects is required. more likely to overstate impacts than final addendum contain the factual Unfunded Mandates Reform Act bases for this certification and contain a understate them), the economic analysis (2 U.S.C. 1501 et seq.) assumed that a unique company will complete analysis of the potential undergo each of the consultations economic effects of this designation. In accordance with the Unfunded forecasted in a given year, and so the Copies of these documents are in the Mandates Reform Act (2 U.S.C. 1501 et number of businesses affected is equal supporting record for the rulemaking seq.): to the total annual number of and are available at the Service’s (a) This rule will not ‘‘significantly or consultations projected in the economic Carlsbad Fish and Wildlife Office (see uniquely’’ affect small governments. A analysis. There are approximately 291 ADDRESSES section). Small Government Agency Plan is not mining claims overlapping the critical In summary, we have considered required. Small governments will be habitat designation, which are held by whether this rule could result in affected only to the extent that Federal 46 claimants, 43 of which are significant economic effects on a agencies funding, permitting, or conservatively assumed to be small substantial number of small entities. We authorizing other activities must ensure businesses. This estimate is considered have determined, for the above reasons, that their actions will not adversely to be especially conservative because it that it will not affect a substantial affect the critical habitat. However, as assumes that none of the claims owned number of small entities. Therefore, we discussed above, these actions are by the claimants will be mined due to are certifying that the designation of currently subject to equivalent regulatory constraints imposed by critical habitat for the five carbonate restrictions through the listing section 7 of the Act, and that none has plants will not have a significant protections of the species, and no already been mined. In reality, it is economic impact on a substantial further restrictions are anticipated in likely that some would never have been number of small entities. Accordingly, a areas of occupied designated critical mined due to economic and geologic regulatory flexibility analysis is not habitat. factors independent of section 7, and required. (b) For the reasons described in the that some of the claims have already economic analysis and this final rule, Small Business Regulatory Enforcement this rule will not produce a Federal been mined or at least partially mined. Fairness Act (5 U.S.C. 804(2)) Conversely, it is also likely that some of mandate on State, local, or tribal OMB’s Office of Information and the claims will still be mined in the governments of $100 million or greater Regulatory Affairs has determined that future following the designation of in any year. The designation of critical this rule is not a major rule under 5 critical habitat. habitat imposes no obligations on State U.S.C. 804(2), the Small Business or local governments. Therefore, it is not According to BLM personnel, there Regulatory Enforcement Fairness Act. In a ‘‘significant regulatory action’’ under are 954 claimants in San Bernardino the economic analysis and the final the Unfunded Mandates Reform Act. County, although no information was addendum to the economic analysis, we available regarding the name or size of determined that designation of critical Takings the individual entities. Assuming the habitat would not cause (a) any annual In accordance with Executive Order same proportion of large entities to total effect on the economy of $100 million 12630 (‘‘Government Actions and claimants within the proposed critical or more, (b) any increases in costs or Interference with Constitutionally habitat area (6.5 percent), this analysis prices for consumers, individual Protected Private Property Rights’’), we assumes that 892 of the claimants in the industries, Federal, State, or local have analyzed the potential takings County are small entities. This government agencies, or geographic implications of designating represents a very conservative regions, or (c) any significant adverse approximately 5,335 ha (13,180 ac) of assumption because it is unlikely that effects on competition, employment, land in San Bernardino County, many claimants in the County other investment, productivity, innovation, or California, in three units of critical than Omya, Mitsubishi, and SMI have the ability of U.S.-based enterprises to habitat for the five carbonate plants. The greater than 500 employees, and should compete with foreign-based enterprises. takings implications assessment be excluded as large entities. Dividing Refer to final addendum for a complete concludes that this rule does not pose the number of ‘‘small’’ claimants discussion of the effects of this significant takings implications. A copy potentially affected by the designation determination. of the Taking Implications Assessment (43) by the number of ‘‘small’’ claimants has been included in the supporting Executive Order 13211 in the County (892) shows that record for this rulemaking. approximately 4.8 percent of small On May 18, 2001, the President issued claimants are potentially affected by the Executive Order 13211, which applies Federalism designation, which falls below the 20 to regulations that significantly affect In accordance with Executive Order percent ‘‘substantial’’ number threshold. energy supply, distribution, and use. 13132, this rule does not have Finally, one individual holding (a Executive Order 13211 requires agencies significant Federalism effects. A grazing allotment) on BLM land that has to prepare Statements of Energy Effects Federalism Assessment is not required. been proposed for critical habitat when undertaking certain actions. The In keeping with Department of the designation could be affected. primary land uses within designated Interior policy, we requested According to Dun and Bradstreet (Dun’s critical habitat for the five carbonate information from, and coordinated the Market Identifiers database 2002), there plants include mining, recreation, development of this critical habitat are 59 establishments engaged in beef grazing and National Forest operations. designation with, appropriate State cattle ranching or farming (NAICS Code No significant energy production, natural resources agencies in California. 112111) in San Bernardino County. supply, and distribution facilities are We will continue to coordinate any Therefore, the potentially affected included within designated critical future changes in the designation of individuals do not represent a habitat. Therefore, this action is not a critical habitat for the five carbonate ‘‘substantial’’ number of affected small significant action affecting energy plants with the appropriate State

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agencies. The designation of critical Paperwork Reduction Act of 1995 (44 carbonate plants does not contain any habitat for the five carbonate plants U.S.C. 3501 et seq.) Tribal lands or lands that we have imposes few, if any, additional This rule does not contain any new identified as impacting Tribal trust restrictions to those currently in place collections of information that require resources. and therefore has little incremental approval by the OMB under the References Cited impact on State and local governments Paperwork Reduction Act. An agency A complete list of all references cited and their activities. The designation may not conduct or sponsor, and a in this final rule is available upon may provide some benefit to these person is not required to respond to, a request from the Carlsbad Fish and governments in that the areas essential collection of information unless it Wildlife Office (see ADDRESSES section). to the conservation of the species are displays a currently valid OMB control more clearly defined and the primary number. Author constituent elements of the habitat The primary author of this final rule necessary to the conservation of the National Environmental Policy Act is Daniel R. Brown (see ADDRESSES species are specifically identified. While We have determined that we do not section). this definition and identification does need to prepare an Environmental not alter where and what federally Assessment or an Environmental Impact List of Subjects in 50 CFR Part 17 sponsored activities may occur, it may Statement as defined by the National Endangered and threatened species, assist these local governments in long- Environmental Policy Act of 1969, in Exports, Imports, Reporting and range planning, rather than waiting for connection with regulations adopted recordkeeping requirements, case-by-case section 7 consultations to pursuant to section 4(a) of the Act, as Transportation. occur. amended. We published a notice outlining our reasons for this Regulation Promulgation Civil Justice Reform determination in the Federal Register Accordingly, we amend part 17, on October 25, 1983 (48 FR 49244). This In accordance with Executive Order subchapter B of chapter I, title 50 of the determination does not constitute a 12988, the Department of the Interior’s Code of Federal Regulations as set forth major Federal action significantly below: Office of the Solicitor has determined affecting the quality of the human that this rule does not unduly burden environment. the judicial system and meets the PART 17—[AMENDED] requirements of sections 3(a) and 3(b)(2) Government-to-Government 1. The authority citation for part 17 of the Order. We are designating critical Relationship With Tribes continues to read as follows: habitat in accordance with the In accordance with the President’s Authority: 16 U.S.C. 1361–1407; 16 U.S.C. provisions of the Act, as amended. The memorandum of April 29, 1994, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– rule uses standard property descriptions ‘‘Government-to-Government Relations 625, 100 Stat. 3500; unless otherwise noted. and identifies the primary constituent with Native American Tribal 2. In § 17.12(h), revise the entries for elements within the designated areas to Governments’’ (59 FR 22951), Executive Astragalus albens, Erigeron parishii, assist the public in understanding the Order 13175, and the Department of the Eriogonum ovalifolium var. vineum, habitat needs that are essential for the Interior’s manual at 512 DM 2, we Lesquerella kingii ssp. bernardina, and conservation of the five carbonate readily acknowledge our responsibility Oxytheca parishii var. goodmaniana plants. We have made every effort to to communicate meaningfully with under ‘‘FLOWERING PLANTS’’ in the ensure that the final determination federally recognized Tribes on a List of Endangered and Threatened contains no drafting errors, provides government-to-government basis. We Plants to read as follows: clear standards, simplifies procedures, are not aware of any Tribal lands reduces burdens, and is clearly written, essential for the conservation of the five § 17.12 Endangered and threatened plants. such that the risk of litigation is carbonate plants. Therefore, the * * * * * minimized. designated critical habitat for the five (h) * * *

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

FLOWERING PLANTS

******* Astragalus albens .... Cushenbury milk- U.S.A. (CA) ...... Fabaceae ...... E 548 17.96(a) NA vetch.

******* Erigeron parishii ...... Parish’s daisy ...... U.S.A. (CA) ...... Asteraceae ...... T 548 17.96(a) NA

******* Eriogonum Cushenbury buck- U.S.A. (CA) ...... Polygonaceae ...... E 548 17.96(a) NA ovalifolium var. wheat. vineum.

******* Lesquerella kingii San Bernardino U.S.A. (CA) ...... Brassicaceae ...... E 548 17.96(a) NA ssp. bernardina. Mountains bladderpod.

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

******* Oxytheca parishii Cushenbury U.S.A. (CA) ...... Polygonaceae ...... E 548 17.96(a) NA var. goodmaniana. oxytheca.

*******

3. Amend paragraph (a) of § 17.96 to Family Asteraceae: Erigeron Parishii (ii) Soils with intact, natural surfaces that add critical habitat entries for the (Parish’s Daisy) have not been substantially altered by land Astragalus albens, Erigeron parishii, (1) Critical habitat units are depicted for use activities (e.g., graded, excavated, re- Eriogonum ovalifolium var. vineum, San Bernardino County, California, on the contoured, or otherwise altered by ground- maps below. disturbing equipment); and Lesquerella kingii ssp. bernardina, and (iii) Associated plant communities that Oxytheca parishii var. goodmaniana in (2) The primary constituent elements of critical habitat for Erigeron parishii are those have areas with an open canopy cover. alphabetical order by family under habitat components that are essential for the (3) Existing features and structures, such as Asteraceae, Brassicaceae, Fabaceae, and primary biological needs of the species. buildings, active mines, paved or unpaved Polygonaceae (respectively) to read as Based on our current knowledge of this roads, other paved or cleared areas, lawns, follows: species, the primary constituent elements of and other urban landscaped areas, are not critical habitat for this species are listed likely to contain one or more of the primary § 17.96 Critical habitat—plants. below and consist of, but are not limited to: constituent elements. Federal actions limited to those areas, therefore, would not trigger a (i) Soils derived primarily from upstream (a) * * * section 7 consultation, unless they may affect or upslope limestone, dolomite, or quartz the species or primary constituent elements monzonite parent materials that occur on in adjacent critical habitat. dry, rocky hillsides, shallow drainages, or (i) Note: Index map follows: outwash plains at elevations between 1,171 and 1,950 m (3,842 and 6,400 ft); BILLING CODE 4310–55–P

BILLING CODE 4310–55–C

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(4) Northeastern Slope Unit, San 512600, 3800400; 512600, 3800300; 512700, 514900, 3800500; 515000, 3800500; 515000, Bernardino County, California. 3800300; 512700, 3800100; 512600, 3800100; 3800600; 515400, 3800600; 515400, 3800200; (i) From USGS 1:24,000 quadrangle maps 512600, 3800000; 512300, 3800000; 512300, 515500, 3800200; 515500, 3799700; 515400, Fawnskin, Big Bear City, and Onyx Peak, 3800300; 512200, 3800300; 512200, 3800200; 3799700; 515400, 3799600; 516000, 3799600; California. 512100, 3800200; 512100, 3800100; 511900, 516000, 3799500; 516100, 3799500; 516100, (ii) Subunit 1a: land bounded by the 3800100; 511900, 3800200; 511800, 3800200; 3799200; 516500, 3799200; 516500, 3799100; following UTM11 NAD27 coordinates (E, N): 511800, 3800400; 511900, 3800400; 511900, 516600, 3799100; 516600, 3798900; 516500, 507200, 3802000; 507400, 3802000; 507400, 3800500; 512100, 3800500; and 512100, 3798900; 516500, 3798800; 516200, 3798800; 3801800; 507500, 3801800; 507500, 3801600; 3800700. 516200, 3798800; 516200, 3798900; 516000, 507400, 3801600; 507400, 3801500; 507500, (x) Subunit 1i: Land bounded by the 3798900; 516000, 3799100; 515900, 3799100; 3801500; 507500, 3801200; 507600, 3801200; following UTM11 NAD27 coordinates (E, N): 515900, 3799000; 515700, 3799000; 515700, 507600, 3801300; 507700, 3801300; 507700, 512200, 3803200; 512400, 3803200; 512400, 3799100; 515600, 3799100; 515600, 3799000; 3801400; 507800, 3801400; 507800, 3801500; 3802900; 512100; 3803100; 512500, 3803100; 515200, 3799000; 515200, 3799100; 514800, 507900, 3801500; 507900, 3801600; 508100, 512500, 3802800; 512400, 3802800; 512400, 3799100; 514800, 3799200; 514700, 3799200; 3801600; 508100, 3801100; 508000, 3801100; 3802600; 512500, 3802600; 512500, 3802700; 514700, 3799300; 514100, 3799300; 514100, 508000, 3800900; 507900, 3800900; 507900, 512800, 3802700; 512800, 3802600; 512900, 3799400; 514000, 3799400; 514000, 3799300; 3800800; 507700, 3800800; 507700, 3800900; 3802600; 512900, 3802400; 512800, 3802400; 513600, 3799300; 513600, 3799400; 513500, 507600, 3800900; 507600, 3801000; 507500, 512800, 3802300; 512700, 3802300; 512700, 3799400; 513500, 3799600; 513600, 3799600; 3801000; 507500, 3800700; 507400, 3800700; 3802200; 512500, 3802200; 512500, 3802000; 513600, 3799700; 513500, 3799700; 513500, 507400, 3800300; 507300, 3800300; 507300, 512400, 3802000; 512400, 3801800; 512000, 3800000; 513600, 3800000; 513600, 3800100; 3801800; 512000, 3802100; 512100, 3802100; 3799900; 507100, 3799900; 507100, 3800100; 513700, 3800100; 513700, 3800200; 513900, 506900, 3800100; 506900, 3800500; 506800, 512100, 3802300; 511900, 3802300; 511900, 3800200; 513900; 3800000; 514700, 3800000; 3800500; 506800, 3800700; 506700, 3800700; 3802800; 512000, 3802800; 512000, 3802900; 514700, 3799900; and 514900, 3799900; 506700, 3801100; 507100, 3801100; 507100, 512100, 3802900; 512100, 3803100; 512200, excluding land bounded by 514900, 3799900; 3801400; 507000, 3801400; 507000, 3801800; 3803100; and 512200, 3803200. 514900, 3799700; 515000, 3799700; 515000, 507100, 3801800; 507100, 3801900; 507200, (xi) Subunit 1j: Land bounded by the 3799900; and 514900, 3799900. 3801900; and 507200, 3802000. following UTM11 NAD27 coordinates (E, N): (xv) Subunit 1n: Land bounded by the (iii) Subunit 1b: Land bounded by the 513300, 3802300; 513600, 3802300; 513600, following UTM11 NAD27 coordinates (E, N): following UTM11 NAD27 coordinates (E, N): 3802000; 513700, 3802000; 513700, 3801900; 517300, 3801000; 517800, 3801000; 517800, 508300, 3802400; 508500, 3802400; 508500, 513800, 3801900; 513800, 3802000; 514100, 3800600; 517600, 3800600; 517600, 3800300; 3801900; 508400, 3801900; 508400, 3801800; 3802000; 514100, 3801600; 514000, 3801600; 508100, 3801800; 508100, 3802300; 508300, 514000, 3801400; 513800, 3801400; 513800, 517500, 3800300; 517500, 3800200; 517000, 3802300; and 508300, 3802400. 3801500; 513600, 3801500; 513600, 3801600; 3800200; 517000, 3800700; 517100, 3800700; (iv) Subunit 1c: Land bounded by the 513400, 3801600; 513400, 3801700; 513300, 517100, 3800800; 517200, 3800800; 517200, following UTM11 NAD27 coordinates (E, N): 3801700; 513300, 3801800; 513200, 3801800; 3800900; 517300, 3800900; and 517300, 509700, 3800500; 510200, 3800500; 510200, 513200, 3802200; 513300, 3802200; and 3801000. 3800200; 510100, 3800200; 510100, 3800100; 513300, 3802300. (xvi) Subunit 1o: Land bounded by the 509700, 3800100; and 509700, 3800500. (xii) Subunit 1k: Land bounded by the following UTM11 NAD27 coordinates (E, N): (v) Subunit 1d: Land bounded by the following UTM11 NAD27 coordinates (E, N): 519200, 3801600; 519500, 3801600; 519500, following UTM11 NAD27 coordinates (E, N): 515800, 3802900; 516000, 3802900; 516000, 3801500; 519600, 3801500; 519600, 3801100; 510300, 3801000; 510500, 3801000; 510500, 3802800; 516100, 3802800; 516100, 3802500; 519500, 3801100; 519500, 3800900; 519400, 3800800; 510300, 3800800; and 510300, 516300, 3802500; 516300, 3802200; 516000, 3800900; 519400, 3800800; 519300, 3800800; 3801000. 3802200; 516000, 3802000; 516100, 3802000; 519300, 3800700; 519200, 3800700; 519200, (vi) Subunit 1e: Land bounded by the 516100, 3801900; 516200, 3801900; 516200, 3800600; 519100, 3800600; 519100, 3800500; following UTM11 NAD27 coordinates (E, N): 3801700; 516300, 3801700; 516300, 3801500; 518800, 3800500; 518800, 3800900; 518900, 510900, 3802200; 511200, 3802200; 511200, 516400, 3801500; 516400, 3800800; 516300, 3800900; 518900, 3801000; 519000, 3801000; 3801700; 511100, 3801700; 511100, 3801400; 3800800; 516300, 3800700; 516000, 3800700; 519000, 3801100; 519100, 3801100; 519100, 510700, 3801400; 510700, 3801800; 510800, 516000, 3801300; 515900, 3801300; 515900, 3801500; 519200, 3801500; and 519200, 3801800; 510800, 3802100; 510900, 3802100; 3801400; 515800, 3801400; 515800, 3801600; 3801600. and 510900, 3802200. 515700, 3801600; 515700, 3801700; 515100, (xvii) Subunit 1p: Land bounded by the (vii) Subunit 1f: Land bounded by the 3801700; 515100, 3801800; 515000, 3801800; following UTM11 NAD27 coordinates (E, N): following UTM11 NAD27 coordinates (E, N): 515000, 3801500; 515100, 3801500; 515100, 520000, 3801100; 520300, 3801100; 520300, 511400, 3801000; 511600, 3801000; 511600, 3801200; 515000, 3801200; 515000, 3801100; 3800700; 520100, 3800700; 520100, 3800600; 3800900; 511700, 3800900; 511700, 3800700; 514900, 3801100; 514900, 3800700; 514400, 519900, 3800600; 519900, 3800700; 519800, 511600, 3800700; 511600, 3800600; 511500, 3800700; 514400, 3801000; 514300, 3801000; 3800700; 519800, 3800900; 519900, 3800900; 3800600; 511500, 3800500; 511200, 3800500; 514300, 3801400; 514400, 3801400; 514400, 519900, 3801000; 520000, 3801000; and 511200, 3800400; 511000, 3800400; 511000, 3801500; 514500, 3801500; 514500, 3801600; 520000, 3801100. 3800500; 510900, 3800500; 510900, 3800600; 514600, 3801600; 514600, 3801600; 514600, (xviii) Subunit 1q: Land bounded by the 511000, 3800600; 511000, 3800700; 511300, 3802100; 514700, 3802100; 514700, 3802400; following UTM11 NAD27 coordinates (E, N): 3800700; 511300, 3800800; 511400, 3800800; 514800, 3802400; 514800, 3802600; 514900, 521100, 3800700; 521300, 3800700; 521300, and 511400, 3801000. 3802600; 514900, 3802800; 515300, 3802800; 3800600; 521400, 3800600; 521400, 3800500; (viii) Subunit 1g: Land bounded by the 515300, 3802500; 515200, 3802500; 515200, 521600, 3800500; 521600, 3800300; 521700, following UTM11 NAD27 coordinates (E, N): 3802300; 515400, 3802300; 515400, 3802200; 3800300; 521700, 3800200; 521600, 3800200; 511800, 3800000; 512200, 3800000; 512200, 515400, 3802200; 515500, 3802200; 515500, 521600, 3800100; 521500, 3800100; 521500, 3799900; 512300, 3799900; 512300, 3799800; 3802100; 515600, 3802700; 515700, 3802700; 3800000; 521300, 3800000; 521300, 3799900; 512400, 3799800; 512400, 3799800; 512400, 515700, 3802800; 515800, 3802800, and 521200, 3799900; 521200, 3799700; 521000, 3799500; 512300, 3799400; 511900, 3799400; 515800; 3802900. 3799700; 521000, 3799600; 520900, 3799600; 511900, 3799500; 511700, 3799500; 511700, (xiii) Subunit 1l: Land bounded by the 520900, 3799500; 520500, 3799500; 520500, 3799400; 511500, 3799400; 511500, 3799500; following UTM11 NAD27 coordinates (E, N): 3799100; 520300, 3799100; 520300, 3799300; 511400, 3799500; 511400, 3799600; 511300, 515600, 3801200; 515900, 3801200; 515900, 520200, 3799300; 520200, 3799200; 520000, 3799600; 511300, 3799800; 511800, 3799800; 3800800; 515500, 3800800; 515500, 3801100; 3799200; 520000, 3799000; 520200, 3799000; and 511800, 3800000. 515600, 3801100; and 515600, 3801200. 520200, 3798900; 520300, 3798900; 520300, (ix) Subunit 1h: Land bounded by the (xiv) Subunit 1m: Land bounded by the 3798800; 520700, 3798800; 520700, 3798600; following UTM11 NAD27 coordinates (E, N): following UTM11 NAD27 coordinates (E, N): 520800, 3798600; 520800, 3798700; 521500, 512100, 3800700; 512400, 3800700; 512400, 514900, 3799900; 514900, 3800000; 515000, 3798700; 521500, 3798800; 521300, 3798800; 3800600; 512500, 3800600; 512500, 3800400; 3800000; 515000, 3800200; 514900, 3800200; 521300, 3798900; 521700, 3798900; 521700,

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3799000; 522000, 3799000; 522000, 3798900; 518900, 3796600; 518800, 3796600; 518800, 521100, 3793700; 521100, 3793600; 520800, 522100, 3798900; 522100, 3798700; 522000, 3796900; 518900, 3796900; 518900, 3797000; 3793600; 520800, 3793700; 520600, 3793700; 3798700; 522000, 3798600; 521900, 3798600; 519100, 3797000; 519100, 3797200; 519200, 520600, 3793600; 520300, 3793600; 520300, 521900, 3798400; 521500, 3798400; 521500, 3797200; and 519200, 3797300. 3793700; 520200, 3793700; 520200, 3793800; 3798100; 521300, 3798100; 521300, 3798000; (xx) Subunit 1s: Land bounded by the 520000, 3793800; 520000, 3793700; 519800, 521200, 3798000; 521200, 3797800; 520600, following UTM11 NAD27 coordinates (E, N): 3793700; and 519800, 3794300. 3797800; 520600, 3797900; 520500, 3797900; 520000, 3797600; 520300, 3797600; 520300, (xxiv) Subunit 1w: Land bounded by the 520500, 3798100; 520400, 3798100; 520400, 3797100; 520100, 3797100; 520100, 3797000; 3798200; 520300, 3798200; 520300, 3798400; 520000, 3797000; 520000, 3796900; 519800, following UTM11 NAD27 coordinates (E, N): 520200, 3798400; 520200, 3798500; 520100, 3796900; 519800, 3797000; 519700, 3797000; 521700, 3793800; 522100, 3793800; 522100, 3798500; 520100, 3798600; 519600, 3798600; 519700, 3797400; 519800, 3797400; 519800, 3793700; 522400, 3793700; 522400, 3793600; 519600, 3798900; 519200, 3798900; 519200, 3797500; 520000, 3797500; and 520000, 522500, 3793600; 522500, 3793300; 522400, 3799200; 519300, 3799200; 519300, 3799300; 3797600. 3793300; 522400, 3792700; 522300, 3792700; 519500, 3799300; 519500, 3799400; 519700, (xxi) Subunit 1t: Land bounded by the 522300, 3792600; 522200, 3792600; 522200, 3799400; 519700, 3799500; 519900, 3799500; following UTM11 NAD27 coordinates (E, N): 3792500; 522000, 3792500; 522000, 3792600; 519900, 3799600; 520100, 3799600; 520100, 521300, 3797100; 521700, 3797100; 521700, 521800, 3792600; 521800, 3792700; 521600, 3799700; 520300, 3799700; 520300, 3799800; 3796700; 521600, 3796700; 521600, 3796600; 3792700; 521600, 3793000; 521500, 3793000; 520400, 3799800; 520400, 3799900; 520500, 521400, 3796600; 521400, 3796700; 521300, 521500, 3793300; 521600, 3793300; 521600, 3799900; 520500, 3800100; 520600, 3800100; 3796700; and 521300, 3797100. 3793700; 521700, 3793700; and 521700, 520600, 3800300; 520800, 3800300; 520800, (xxii) Subunit 1u: Land bounded by the 3793800. 3800400; 520900, 3800400; 520900, 3800500; following UTM11 NAD27 coordinates (E, N): (xxv) Subunit 1x: Land bounded by the 521000, 3800500; 521000, 3800600; 521100, 519300, 3794600; 519700, 3794600; 519700, 3800600; and 521100, 3800700. 3794300; 519600, 3794300; 519600, 3794100; following UTM11 NAD27 coordinates (E, N): (xix) Subunit 1r: Land bounded by the 519500, 3794100; 519500, 3794000; 519400, 530800, 3789300; 531100, 3789300; 531100, following UTM11 NAD27 coordinates (E, N): 3794000; 519400, 3793900; 519300, 3793900; 3788900; 531000, 3788900; 531000, 3788800; 519200, 3797300; 519600, 3797300; 519600, 519300, 3793800; 519000, 3793800; 519000, 530600, 3788800; 530600, 3788900; 530500, 3796900; 519500, 3796900; 519500, 3796800; 3794200; 519100, 3794200; 519100, 3794300; 3788900; 530500, 3789100; 530600, 3789100; 519400, 3796800; 519400, 3796600; 519300, 519200, 3794300; 519200, 3794400; 519300, 530600, 3789200; 530800, 3789200; and 3796600; 519300, 3796500; 519500, 3796500; 3794400; and 519300, 3794600. 530800, 3789300. 519500, 3796400; 519600, 3796400; 519600, (xxiii) Subunit 1v: Land bounded by the (xxvi) Subunit 1y: Land bounded by the 3796100; 519700, 3796100; 519700, 3796000; following UTM11 NAD27 coordinates (E, N): following UTM11 NAD27 coordinates (E, N): 519600, 3796000; 519600, 3795400; 519300, 519800, 3794300; 520200, 3794300; 520200, 530900, 3788600; 531500, 3788600; 531500, 3795400; 519300, 3795500; 518500, 3795500; 3793900; 520300, 3793900; 520300, 3794000; 3788300; 530900, 3788300; and 530900, 518500, 3795900; 518800, 3795900; 518800, 520500, 3794000; 520500, 3794100; 521000, 3788600. 3796000; 519000, 3796000; 519000, 3796100; 3794100; 521000, 3794200; 521600, 3794200; (xxvii) Note: Erigeron parishii map follows. 519100, 3796100; 519100, 3796200; 519200, 521600, 3793900; 521500, 3793900; 521500, 3796200; 519200, 3796500; 518900, 3796500; 3793800; 521200, 3793800; 521200, 3793700; BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C roads, other paved or cleared areas, lawns, 511700, 3793100; 512000, 3793100; 512000, * * * * * and other urban landscaped areas, are not 3793000; 512200, 3793000; 512200, 3792700; likely to contain one or more of the primary 512100, 3792700; 512100, 3792500; 511900, Family Brassicaceae: Lesquerella Kingii constituent elements. Federal actions limited 3792500; 511900, 3792300; 512600, 3792300; ssp. Bernardina (San Bernardino to those areas, therefore, would not trigger a 512600, 3792100; 512400, 3792100; 512400, Mountains Bladderpod) section 7 consultation, unless they may affect 3791400; 512100, 3791400; 512100, 3791500; (1) Critical habitat units are depicted for the species or primary constituent elements 511900, 3791500; 511900, 3791400; 511700, San Bernardino County, California, on the in adjacent critical habitat. 3791400; 511700, 3791300; 511600, 3791300; maps below. (4) Bertha Ridge Unit, San Bernardino 511600, 3791200; 511200, 3791200; 511200, (2) The primary constituent elements of County, California. 3791400; 511100, 3791400; 511100, 3791500; critical habitat for Lesquerella kingii ssp. (i) From USGS 1:24,000 quadrangle maps 511200, 3791500; 511200, 3791600; 511300, bernardina are those habitat components that Fawnskin and Big Bear City, California. 3791600; 511300, 3791700; 511600, 3791700; are essential for the primary biological needs (ii) Subunit 2a: Land bounded by the 511600, 3792300; 511500, 3792300; 511500, of the species. Based on our current following UTM11 NAD27 coordinates (E, N): 3792500; 511600, 3792500; 511600, 3792600; knowledge of this species, the primary 510400, 3793600; 510700, 3793600; 510700, 511700, 3792600; 511700, 3792700; 511600, constituent elements of critical habitat for 3793500; 510800, 3793500; 510800, 3793400; 3792700; 511600, 3793000; 511700, 3793000; this species are listed below and consist of, 511000, 3793400; 511000, 3793100; 510900, and 511700, 3793100. but are not limited to: 3793100; 510900, 3793000; 510600, 3793000; (5) Sugarlump Ridge Unit, San Bernardino (i) Soils derived primarily from Bonanza 510600, 3793100; 510500, 3793100; 510500, County, California. King Formation and Undivided Cambrian 3793200; 510400, 3793200; and 510400, (i) From USGS 1:24,000 quadrangle map parent materials that occur on hillsides or on 3793600. Moonridge, California. large rock outcrops at elevations between (iii) Subunit 2b: Land bounded by the (ii) Subunit 3a: Land bounded by the 2,098 and 2,700 m (6,883 and 8,800 ft); following UTM11 NAD27 coordinates (E, N): following UTM11 NAD27 coordinates (E, N): (ii) Soils with intact, natural surfaces that 511600, 3793900; 511900, 3793900; 511900, 512700, 3785700; 512900, 3785700; 512900, have not been substantially altered by land 3793800; 512000, 3793800; 512000, 3793700; 3785600; 513300, 3785600; 513300, 3785300; use activities (e.g., graded, excavated, re- 512300, 3793700; 512300, 3793600; 512400, 513400, 3785300; 513400, 3785400; 513500, contoured, or otherwise altered by ground- 3793600; 512400, 3793300; 512300, 3793300; 3785400; 513500, 3785500; 513600, 3785500; disturbing equipment); and 512300, 3793200; 512100, 3793200; 512100, 513600, 3785600; 513700, 3785600; 513700, (iii) Associated plant communities that 3793300; 512000, 3793300; 512000, 3793200; 3785700; 514000, 3785700; 514000, 3785600; have areas with an open canopy cover and 511600, 3793200; 511600, 3793500; 511500, 514300, 3785600; 514300, 3785500; 514500, little accumulation of organic material (e.g., 3793500; 511500, 3793800; 511600, 3793800; 3785500; 514500, 3785600; 514600, 3785600; leaf litter) on the surface of the soil. and 511600, 3793900. 514600, 3785700; 515000, 3785700; 515000, (3) Existing features and structures, such as (iv) Subunit 2c: Land bounded by the 3785600; 515400, 3785600; 515400, 3785500; buildings, active mines, paved or unpaved following UTM11 NAD27 coordinates (E, N): 516300, 3785500; 516300, 3785400; 516400,

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3785400; 516400, 3785100; 516200, 3785100; 3785000; 513800, 3784900; 513500, 3784900; (iii) Subunit 3b: Land bounded by the 516200, 3785000; 515900, 3785000; 515900, 513500, 3785000; 513400, 3785000; 513400, following UTM11 NAD27 coordinates (E, N): 3784900; 515600, 3784900; 515600, 3785000; 3785100; 513300, 3785100; 513300, 3785000; 516500, 3785700; 516900, 3785700; 516900, 515400, 3785000; 515400, 3785100; 515200, 513100, 3785000; 513100, 3785100; 513000, 3785400; 516500, 3785400; and 516500, 3785100; 515200, 3785000; 514500, 3785000; 3785100; 513000, 3785300; 512600, 3785300; 3785700. 514500, 3785100; 514400, 3785100; 514400, 512600, 3785600; 512700, 3785600; and (iv) Note: Lesquerella kingii ssp. bernardina map follows: 3785200; 514100, 3785200; 514100, 3785300; 512700, 3785700. 514000, 3785300; 514000, 3785000; 513800, BILLING CODE 4310–55–P

BILLING CODE 4310–55–C deposits at elevations between 1,171 and (i) From USGS 1:24,000 quadrangle maps * * * * * 2,013 m (3,864 and 6,604 ft); Fawnskin, Big Bear City, Rattlesnake Canyon, (ii) Soils with intact, natural surfaces that and Cougar Buttes, California. Family Fabaceae: Astragalus Albens have not been substantially altered by land (ii) Subunit 1a: Land bounded by the (Cushenbury Milk-Vetch) use activities (e.g., graded, excavated, re- following UTM11 NAD27 coordinates (E, N): (1) Critical habitat units are depicted for contoured, or otherwise altered by ground- 503300, 3801900; 503600, 3801900; 503600, San Bernardino County, California, on the disturbing equipment); and 3801700; 503700, 3801700; 503700, 3801600; maps below. (iii) Associated plant communities that 503800, 3801600; 503800, 3801500; 503900, (2) The primary constituent elements of have areas with an open canopy cover and 3801500; 503900, 3801200; 503800, 3801200; critical habitat for Astragalus albens are little accumulation of organic material (e.g., 503800, 3801100; 503900, 3801100; 503900, those habitat components that are essential leaf litter) on the surface of the soil. 3800900; 504000, 3800800; 504100, 3800800; (3) Existing features and structures, such as 504100, 3800800; 504100, 3800500; 504000, for the primary biological needs of the buildings, active mines, paved or unpaved 3800500; 504000, 3800300; 503900, 3800300; species. Based on our current knowledge of roads, other paved or cleared areas, lawns, 503900, 3800200; 503500, 3800200; 503500, this species, the primary constituent and other urban landscaped areas, are not 3800300; 503400, 3800300; 503400, 3800400; elements of critical habitat for this species likely to contain one or more of the primary 503300, 3800400; 503300, 3800600; 503200, are listed below and consist of, but are not constituent elements. Federal actions limited 3800600; 503200, 3801800; 503300, 3801800; limited to: to those areas, therefore, would not trigger a and 503300, 3801900. (i) Soils derived primarily from the upper section 7 consultation, unless they may affect (iii) Subunit 1b: Land bounded by the and middle members of the Bird Spring the species or primary constituent elements following UTM11 NAD27 coordinates (E, N): Formation and Undivided Cambrian parent in adjacent critical habitat. 507000, 3801600; 507400, 3801600; 507400, materials that occur on hillsides or along (4) Northeastern Slope Unit, San 3801300; 507500, 3801300; 507500, 3800900; rocky washes with limestone outwash/ Bernardino County, California. 507600, 3800900; 507600, 3800500; 507500,

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3800500; 507500, 3800400; 507400, 3800400; 3799400; 517200, 3799300; 517100, 3799300; 3798900; 519300, 3798900; 519300, 3799000; 507400, 3800300; 507300, 3800300; 507300, 517100, 3799200; 517200, 3799200; 517200, 519200, 3799000; 519200, 3799200; 519300, 3800200; 507200, 3800200; 507200, 3800100; 3798900; 517100, 3798900; 517100, 3798600; 3799200; and 519300, 3799300. 507100, 3800100; 507100, 3800200; 507000, 516500, 3798600; 516500, 3798900; 516400, (xvi) Subunit 1o: Land bounded by the 3800200; 507000, 3800500; 506800, 3800500; 3798900; 516400, 3798800; 516200, 3798800; following UTM11 NAD27 coordinates (E, N): 506800, 3800600; 506700, 3800600; 506700, 516200, 3798900; 515400, 3798900; 515400, 520100, 3800000; 520400, 3800000; 520400, 3801100; 506900, 3801100; 506900, 3801000; 3799000; 515300, 3799000; 515300, 3799100; 3799900; 520500, 3799900; 520500, 3799700; 507100, 3801000; 507100, 3801300; 507000, 515200, 3799100; 515200, 3799600; 515100, 520400, 3799700; 520400, 3799600; 520000, 3801300; and 507000, 3801600. 3799600; 515100, 3799700; 515000, 3799700; 3799600; 520000, 3799500; 520100, 3799500; (iv) Subunit 1c: Land bounded by the 515000, 3800100; 514900, 3800100; 514900, 520100, 3799400; 520200, 3799400; 520200, following UTM11 NAD27 coordinates (E, N): 3800800; 514800, 3800800; 514800, 3800700; 3799300; 520300, 3799300; 520300, 3799400; 513100, 3803700; 513600, 3803700; 513600, 514600, 3800700; 514600, 3800800; 514500, 520600, 3799400; 520600, 3799100; 520300, 3803100; 513500, 3803100; 513500, 3803000; 3800800; 514500, 3801000; 514600, 3801000; 3799100; 520300, 3799200; 520100, 3799200; 513400, 3803000; 513400, 3802900; 513300, 514600, 3801100; 514800, 3801100; 514800, 520100, 3799000; 520200, 3799000; 520200, 3802900; 513300, 3802800; 513100, 3802800; 3801000; 514900, 3801000; 514900, 3801100; 3798900; 520300, 3798900; 520300, 3798800; 513100, 3802900; 513000, 3802900; 513000, 515100, 3801100; 515100, 3801200; 515200, 520700, 3798800; 520700, 3798700; 521500, 3803000; 512900, 3803000; 512900, 3803400; 3801200; and 515200, 3801300. 3798700; 521500, 3798800; 521400, 3798800; 513000, 3803400; 513000, 3803500; 513100, (x) Subunit 1i: Land bounded by the 521400, 3799000; 521300, 3799000; 521300, 3803500; and 513100, 3803700. following UTM11 NAD27 coordinates (E, N): 3799100; 521200, 3799100; 521200, 3799200; (v) Subunit 1d: Land bounded by the 517200, 3802800; 517700, 3802800; 517700, 521500, 3799200; 521500, 3799300; 521800, following UTM11 NAD27 coordinates (E, N): 3802400; 517600, 3802400; 517600, 3802100; 3799300; 521800, 3798600; 521600, 3798600; 516000, 3803300; 516300, 3803300; 516300, 517500, 3802100; 517500, 3802000; 517400, 521600, 3798500; 521500, 3798500; 521500, 3803000; 516000, 3803000; and 516000, 3802000; 517400, 3801900; 517200, 3801900; 3797900; 521100, 3797900; 521100, 3798000; 3803300. 517200, 3802000; 517100, 3802000; 517100, 521000, 3798000; 521000, 3797900; 520900, (vi) Subunit 1e: Land bounded by the 3802700; 517200, 3802700; and 517200, 3797900; 520900, 3797800; 520600, 3797800; following UTM11 NAD27 coordinates (E, N): 3802800. 520600, 3797900; 520500, 3797900; 520500, 514800, 3802600; 515200, 3802600; 515200, (xi) Subunit 1j: Land bounded by the 3798000; 520300, 3798000; 520300, 3798300; 3802200; 515100, 3802200; 515100, 3801900; following UTM11 NAD27 coordinates (E, N): 520200, 3798300; 520200, 3798200; 519900, 515300, 3801900; 515300, 3802000; 515400, 517800, 3802200; 518200, 3802200; 518200, 3798200; 519900, 3798300; 519800, 3798300; 3802000; 515400, 3801900; 515500, 3801900; 3801900; 518100, 3801900; 518100, 3801800; 519800, 3798400; 519700, 3798400; 519700, 515500, 3801600; 515100, 3801600; 515100, 517800, 3801800; and 517800, 3802200. 3799000; 519800, 3799000; 519800, 3799100; 3801500; 514800, 3801500; 514800, 3801600; (xii) Subunit 1k: Land bounded by the 519700, 3799100; 519700, 3799600; 519900, 514700, 3801600; 514700, 3801900; 514600, following UTM11 NAD27 coordinates (E, N): 3799600; 519900, 3799900; 520100, 3799900; 3801900; 514600, 3802000; 514500, 3802000; 517700, 3801500; 518300, 3801500; 518300, and 520100, 3800000. 514500, 3802300; 514600, 3802300; 514600, 3801200; 518200, 3801200; 518200, 3801100; (xvii) Subunit 1p: Land bounded by the 3802400; 514700, 3802400; 514700, 3802500; 518100, 3801100; 518100, 3801000; 518000, following UTM11 NAD27 coordinates (E, N): 514800, 3802500; and 514800, 3802600. 3801000; 518000, 3800900; 517900, 3800900; 521900, 3799000; 522200, 3799000; 522200, (vii) Subunit 1f: Land bounded by the 517900, 3800800; 517800, 3800800; 517800, 3798600; 521900, 3798600; and 521900, following UTM11 NAD27 coordinates (E, N): 3800600; 517700, 3800600; 517700, 3800500; 3799000. 516000, 3802500; 516200, 3802500; 516200, 517800, 3800500; 517800, 3800000; 517700, (xviii) Subunit 1q: Land bounded by the 3802400; 516300, 3802400; 516300, 3802100; 3800000; 517700, 3799900; 517300, 3799900; following UTM11 NAD27 coordinates (E, N): 516200, 3802100; 516200, 3801900; 515800, 517300, 3800000; 517200, 3800000; 517200, 520100, 3797900; 520300, 3797900; 520300, 3801900; 515800, 3801800; 515700, 3801800; 3799900; 516800, 3799900; 516800, 3800000; 3797800; 520400, 3797800; 520400, 3797600; 515700, 3801900; 515600, 3801900; 515600, 516700, 3800000; 516700, 3800200; 517100, 520300, 3797600; 520300, 3797000; 520200, 3802100; 515500, 3802100; 515500, 3802200; 3800200; 517100, 3800900; 517200, 3800900; 3797000; 520200, 3796900; 519900, 3796900; 515600, 3802200; 515600, 3802300; 515900, 517200, 3801000; 517400, 3801000; 517400, 519900, 3797000; 519600, 3797000; 519600, 3802300; 515900, 3802400; 516000, 3802400; 3801200; 517500, 3801200; 517500, 3801400; 3796900; 519500, 3796900; 519500, 3796800; and 516000, 3802500. 517700, 3801400; and 517700, 3801500. 519400, 3796800; 519400, 3796700; 519600, (viii) Subunit 1g: Land bounded by the (xiii) Subunit 1l: Land bounded by the 3796700; 519600, 3796600; 519700, 3796600; following UTM11 NAD27 coordinates (E, N): following UTM11 NAD27 coordinates (E, N): 519700, 3795900; 519800, 3795900; 519800, 513700, 3800000; 514100, 3800000; 514100, 517800, 3799800; 518600, 3799800; 518600, 3795800; 519900, 3795800; 519900, 3795700; 3799900; 514300, 3799900; 514300, 3799800; 3799500; 518500, 3799500; 518500, 3799400; 520100, 3795700; 520100, 3795600; 520200, 514700, 3799800; 514700, 3799500; 514800, 518400, 3799400; 518400, 3799300; 518200, 3795600; 520200, 3795500; 520300, 3795500; 3799500; 514800, 3799600; 515000, 3799600; 3799300; 518200, 3799100; 517900, 3799100; 520300, 3795400; 520400, 3795400; 520400, 515000, 3799500; 515100, 3799500; 515100, 517900, 3798700; 517500, 3798700; 517500, 3795300; 520600, 3795300; 520600, 3795200; 3799200; 515000, 3799200; 515000, 3799100; 3798900; 517400, 3798900; 517400, 3799600; 520800, 3795200; 520800, 3795100; 520900, 514800, 3799100; 514800, 3799200; 514700, 517700, 3799600; 517700, 3799700; 517800, 3795100; 520900, 3795000; 521000, 3795000; 3799200; 514700, 3799300; 514600, 3799300; 3799700; and 517800, 3799800. 521000, 3794800; 521100, 3794800; 521100, 514600, 3799400; 514500, 3799400; 514500, (xiv) Subunit 1m: Land bounded by the 3794700; 521200, 3794700; 521200, 3794600; 3799300; 514100, 3799300; 514100, 3799500; following UTM11 NAD27 coordinates (E, N): 521300, 3794600; 521300, 3794400; 521600, 514000, 3799500; 514000, 3799400; 513800, 520200, 3801000; 520600, 3801000; 520600, 3794400; 521600, 3794300; 521700, 3794300; 3799400; 513800, 3799500; 513700, 3799500; 3800700; 520500, 3800700; 520500, 3800600; 521700, 3793900; 521600, 3793900; 521600, and 513700, 3800000. 520600, 3800600; 520600, 3800500; 520800, 3793800; 521200, 3793800; 521200, 3793900; (ix) Subunit 1h: Land bounded by the 3800500; 520800, 3800400; 520900, 3800400; 521100, 3793900; 521100, 3794000; 521000, following UTM11 NAD27 coordinates (E, N): 520900, 3800300; 521100, 3800300; 521100, 3794000; 521000, 3794100; 520900, 3794100; 515200, 3801300; 515500, 3801300; 515500, 3800200; 521200, 3800200; 521200, 3800000; 520900, 3794200; 520800, 3794200; 520800, 3801200; 515600, 3801200; 515600, 3800800; 521100, 3800000; 521100, 3799900; 520800, 3794300; 520700, 3794300; 520700, 3794400; 515500, 3800800; 515500, 3800700; 515400, 3799900; 520800, 3800100; 520300, 3800100; 520500, 3794400; 520500, 3794500; 520400, 3800700; 515400, 3800400; 515300, 3800400; 520300, 3800200; 520200, 3800200; 520200, 3794500; 520400, 3794600; 520300, 3794600; 515300, 3800300; 515400, 3800300; 515400, 3800300; 520100, 3800300; 520100, 3800200; 520300, 3794700; 520200, 3794700; 520200, 3800200; 515500, 3800200; 515500, 3799600; 519800, 3800200; 519800, 3800700; 520100, 3794800; 520100, 3794800; 520100, 3794900; 515600, 3799600; 515600, 3799500; 515900, 3800700; 520100, 3800600; 520200, 3800600; 520000, 3794900; 520000, 3795000; 519900, 3799500; 515900, 3799400; 516300, 3799400; and 520200, 3801000. 3795000; 519900, 3795100; 519800, 3795100; 516300, 3799200; 516500, 3799200; 516500, (xv) Subunit 1n: Land bounded by the 519800, 3795200; 519700, 3795200; 519700, 3799000; 516700, 3799000; 516700, 3799600; following UTM11 NAD27 coordinates (E, N): 3795300; 519500, 3795300; 519500, 3795400; 517100, 3799600; 517100, 3799400; 517200, 519300, 3799300; 519600, 3799300; 519600, 519400, 3795400; 519400, 3795300; 519300,

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3795300; 519300, 3795400; 519000, 3795400; 3797800; 520100, 3797800; and 520100, 521800, 3793100; 521800, 3793300; 521900, 519000, 3795500; 518400, 3795500; 518400, 3797900. 3793300; and 521900, 3793400. 3795600; 518300, 3795600; 518300, 3796000; (xix) Subunit 1r: Land bounded by the (xx) Subunit 1s: Land bounded by the 518400, 3796000; 518400, 3796100; 518500, following UTM11 NAD27 coordinates (E, N): following UTM11 NAD27 coordinates (E, N): 3796100; 518500, 3796200; 518900, 3796200; 521900, 3793400; 522400, 3793400; 522400, 524100, 3792500; 524500, 3792500; 524500, 518900, 3796300; 519000, 3796300; 519000, 3793300; 522500, 3793300; 522500, 3793200; 3792400; 524600, 3792400; 524600, 3792300; 3796500; 518900, 3796500; 518900, 3796600; 522600, 3793200; 522600, 3793100; 522700, 524800, 3792300; 524800, 3792200; 524900, 518800, 3796600; 518800, 3796800; 518900, 3793100; 522700, 3793200; 523000, 3793200; 3792200; 524900, 3791900; 524800, 3791900; 3796800; 518900, 3796900; 519000, 3796900; 523000, 3793100; 523100, 3793100; 523100, 524800, 3791800; 524600, 3791800; 524600, 519000, 3797000; 519100, 3797000; 519100, 3793000; 523200, 3793000; 523200, 3792800; 3791900; 524300, 3791900; 524300, 3792000; 3797200; 519200, 3797200; 519200, 3797300; 523100, 3792800; 523100, 3792400; 522600, 524100, 3792000; and 524100, 3792500. 519300, 3797300; 519300, 3797400; 519700, 3792400; 522600, 3792500; 522400, 3792500; (xxi) Note: Astragalus albens map follows: 3797400; 519700, 3797600; 519800, 3797600; 522400, 3792600; 521900, 3792600; 521900, 519800, 3797700; 519900, 3797700; 519900, 3792700; 521700, 3792700; 521700, 3793100; BILLING CODE 4310–55–P

BILLING CODE 4310–55–C (i) Soils derived primarily from the upper roads, other paved or cleared areas, lawns, * * * * * and middle members of the Bird Spring and other urban landscaped areas, are not Formation and Bonanza King Formation likely to contain one or more of the primary Family Polgonaceae: Eriogonum parent materials that occur on hillsides at constituent elements. Federal actions limited Ovalifolium var. Vineum (Cushenbury elevations between 1,400 and 2,400 m (4,600 to those areas, therefore, would not trigger a Buckwheat) and 7,900 ft); section 7 consultation, unless they may affect (1) Critical habitat units are depicted for (ii) Soils with intact, natural surfaces that the species or primary constituent elements San Bernardino County, California, on the have not been substantially altered by land in adjacent critical habitat. maps below. use activities (e.g., graded, excavated, re- (4) Northeastern Slope Unit, San (2) The primary constituent elements of contoured, or otherwise altered by ground- Bernardino County, California. critical habitat for Eriogonum ovalifolium disturbing equipment); and (i) From USGS 1:24,000 quadrangle maps var. vineum are those habitat components (iii) Associated plant communities that Fawnskin, Big Bear City, Rattlesnake Canyon, that are essential for the primary biological have areas with an open canopy cover Butler Peak, and Onyx Peak, California. needs of the species. Based on our current (generally less than 15 percent cover) and (ii) Subunit 1a: Land bounded by the knowledge of this species, the primary little accumulation of organic material (e.g., following UTM11 NAD27 coordinates (E, N): constituent elements of critical habitat for leaf litter) on the surface of the soil. 497000, 3803000; 497200, 3803000; 497200, this species are listed below and consist of, (3) Existing features and structures, such as 3802900; 497300, 3802900; 497300, 3802500; but are not limited to: buildings, active mines, paved or unpaved 497000, 3802500; 497000, 3802600; 496900,

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3802600; 496900, 3802900; 497000, 3802900; 3800500; 508700, 3800500; 508700, 3800200; 3800200; 513900, 3800200; 513900, 3800100; and 497000, 3803000. 508600, 3800200; 508600, 3800100; 508100, 514000, 3800100; 514000, 3800000; 514100, (iii) Subunit 1b: Land bounded by the 3800100; 508100, 3800500; 508300, 3800500; 3800000; 514100, 3799900; 514200, 3799900; following UTM11 NAD27 coordinates (E, N): and 508300, 3800600. 514200, 3800000; 514600, 3800000; 514600, 498000, 3800800; 498600, 3800800; 498600, (xii) Subunit 1k: Land bounded by the 3799800; 514500, 3799800; 514500, 3799300; 3800400; 498200, 3800400; 498200, 3800500; following UTM11 NAD27 coordinates (E, N): 514100, 3799300; 514100, 3799600; 514000, 498000, 3800500; and 498000, 3800800. 508100, 3799800; 508500, 3799800; 508500, 3799600; 514000, 3799400; 513700, 3799400; (iv) Subunit 1c: Land bounded by the 3799400; 508400, 3799400; 508400, 3799300; 513700, 3799500; 513500, 3799500; 513500, following UTM11 NAD27 coordinates (E, N): 508200, 3799300; 508200, 3799400; 508000, 3799400; 513600, 3799400; 513600, 3799300; 503400, 3801200; 503700, 3801200; 503700, 3799400; 508000, 3799700; 508100, 3799700; 513900, 3799300; 513900, 3799200; 514000, 3801100; 503900, 3801100; 503900, 3800800; and 508100, 3799800. 3799200; 514000, 3798900; 513600, 3798900; 504000, 3800800; 504000, 3800400; 503900, (xiii) Subunit 1l: Land bounded by the 513600, 3798800; 513500, 3798800; 513500, 3800400; 503900, 3800300; 503700, 3800300; following UTM11 NAD27 coordinates (E, N): 3798700; 513300, 3798700; 513300, 3798800; 503700, 3800400; 503400, 3800400; 503400, 508700, 3799400; 509200, 3799400; 509200, 513200, 3798800; 513200, 3799000; 513100, 3800600; 503300, 3800600; 503300, 3800700; 3799100; 509100, 3799100; 509100, 3798900; 3799000; 513100, 3799500; 513200, 3799500; 503200, 3800700; 503200, 3801000; 503300, 508700, 3798900; and 508700, 3799400. 513200, 3799800; 513400, 3799800; 513400, 3801000; 503300, 3801100; 503400, 3801100; (xiv) Subunit 1m: Land bounded by the 3799900; 513100, 3799900; 513100, 3800200; and 503400, 3801200. following UTM11 NAD27 coordinates (E, N): 513200, 3800200; and 513200, 3800300. (v) Subunit 1d: Land bounded by the 509400, 3800700; 509700, 3800700; 509700, (xix) Subunit 1r: Land bounded by the following UTM11 NAD27 coordinates (E, N): 3800600; 509800, 3800600; 509800, 3800500; following UTM11 NAD27 coordinates (E, N): 505200, 3800400; 505500, 3800400; 505500, 510300, 3800500; 510300, 3800400; 510400, 514200, 3800800; 514500, 3800800; 514500, 3800300; 506000, 3800300; 506000, 3800200; 3800400; 510400, 3800300; 510600, 3800300; 3800500; 514200, 3800500; and 514200, 506100, 3800200; 506100, 3799900; 506000, 510600, 3800100; 510200, 3800100; 510200, 3800800. 3799900; 506000, 3800000; 505700, 3800000; 3800300; 510100, 3800300; 510100, 3800400; (xx) Subunit 1s: Land bounded by the 505700, 3799900; 505600, 3799900; 505600, 509900, 3800400; 509900, 3800200; 509500, following UTM11 NAD27 coordinates (E, N): 3799600; 505200, 3799600; 505200, 3800100; 3800200; 509500, 3800100; 509200, 3800100; 515500, 3802100; 515900, 3802100; 515900, 505100, 3800100; 505100, 3800300; 505200, 509200, 3800300; 509100, 3800300; 509100, 3801900; 516000, 3801900; 516000, 3801800; 3800300; and 505200, 3800400. 3800500; 509200, 3800500; 509200, 3800600; 516100, 3801800; 516100, 3801600; 516000, (vi) Subunit 1e: Land bounded by the 509400, 3800600; and 509400, 3800700. 3801600; 516000, 3801500; 516500, 3801500; following UTM11 NAD27 coordinates (E, N): (xv) Subunit 1n: Land bounded by the 516500, 3801200; 516400, 3801200; 516400, 506800, 3799900; 507000, 3799900; 507000, following UTM11 NAD27 coordinates (E, N): 3801100; 516200, 3801100; 516200, 3800900; 3799800; 507100, 3799800; 507100, 3799600; 510500, 3801200; 510700, 3801200; 510700, 516100, 3800900; 516100, 3800800; 516000, 506900, 3799600; 506900, 3799200; 507200, 3800900; 510500, 3800900; 510500, 3800800; 3800800; 516000, 3800700; 515800, 3800700; 3799200; 507200, 3799300; 507500, 3799300; 510400, 3800800; 510400, 3800700; 510600, 515800, 3800600; 516200, 3800600; 516200, 507500, 3799200; 507600, 3799200; 507600, 3800700; 510600, 3800600; 510300, 3800600; 3800700; 516500, 3800700; 516500, 3799800; 3799000; 507500, 3799000; 507500, 3798900; 510300, 3800700; 510200, 3800700; 510200, 516400, 3799800; 516400, 3799700; 516300, 507400, 3798900; 507400, 3798700; 507300, 3800800; 510300, 3800800; 510300, 3801000; 3799700; 516300, 3799800; 516100, 3799800; 3798700; 507300, 3798600; 506800, 3798600; 510400, 3801000; 510400, 3801100; 510500, 516100, 3799900; 515800, 3799900; 515800, 506800, 3798800; 506200, 3798800; 506200, 3801100; and 510500, 3801200. 3799800; 515600, 3799800; 515600, 3799700; 3799200; 506500, 3799200; 506500, 3799300; (xvi) Subunit 1o: Land bounded by the 515300, 3799700; 515300, 3799800; 515000, 506600, 3799300; 506600, 3799500; 506700, following UTM11 NAD27 coordinates (E, N): 3799800; 515000, 3799900; 514900, 3799900; 3799500; 506700, 3799800; 506800, 3799800; 510900, 3800700; 511300, 3800700; 511300, 514900, 3800100; 515000, 3800100; 515000, and 506800, 3799900. 3800500; 510900, 3800500; and 510900, 3800200; 515300, 3800200; 515300, 3800100; (vii) Subunit 1f: Land bounded by the 3800700. 515400, 3800100; 515400, 3800200; 515500, following UTM11 NAD27 coordinates (E, N): (xvii) Subunit 1p: Land bounded by the 3800200; 515500, 3800300; 515600, 3800300; 506800, 3798100; 507000, 3798100; 507000, following UTM11 NAD27 coordinates (E, N): 515600, 3800200; 515800, 3800200; 515800, 3798000; 507500, 3798000; 507500, 3797700; 511900, 3801000; 512200, 3801000; 512200, 3800300; 515700, 3800300; 515700, 3800600; 507600, 3797700; 507600, 3797400; 507500, 3800800; 512300, 3800800; 512300, 3800700; 515600, 3800600; 515600, 3800800; 515100, 3797400; 507500, 3797300; 507400, 3797300; 512500, 3800700; 512500, 3800600; 512700, 3800800; 515100, 3800700; 515200, 3800700; 507400, 3797200; 507000, 3797200; 507000, 3800600; 512700, 3800800; 513000, 3800800; 515200, 3800400; 515100, 3800400; 515100, 3797300; 506800, 3797300; 506800, 3797600; 513000, 3800300; 512900, 3800300; 512900, 3800300; 514700, 3800300; 514700, 3800400; 506700, 3797600; 506700, 3798000; 506800, 3800100; 512800, 3800100; 512800, 3799900; 514600, 3800400; 514600, 3800800; 514500, 3798000; and 506800, 3798100. 512900, 3799900; 512900, 3799800; 513000, 3800800; 514500, 3800900; 514400, 3800900; (viii) Subunit 1g: Land bounded by the 3799800; 513000, 3799700; 513100, 3799700; 514400, 3801100; 514500, 3801100; 514500, following UTM11 NAD27 coordinates (E, N): 513100, 3799500; 513000, 3799500; 513000, 3801200; 514600, 3801200; 514600, 3801300; 508100, 3798200; 508300, 3798200; 508300, 3799400; 512700, 3799400; 512700, 3799500; 514800, 3801300; 514800, 3801400; 515200, 3798100; 508400, 3798100; 508400, 3797900; 512500, 3799500; 512500, 3799600; 512300, 3801400; 515200, 3801300; 515700, 3801300; 508300, 3797900; 508300, 3797800; 508000, 3799600; 512300, 3799700; 512200, 3799700; 515700, 3801500; 515600, 3801500; 515600, 3797800; 508000, 3798100; 508100, 3798100; 512200, 3799800; 512100, 3799800; 512100, 3801600; 515500, 3801600; 515500, 3801700; and 508100, 3798200. 3799600; 512200, 3799600; 512200, 3799500; 515400, 3801700; 515400, 3802000; 515500, (ix) Subunit 1h: Land bounded by the 512300, 3799500; 512300, 3799200; 511800, 3802000; and 515500, 3802100. following UTM11 NAD27 coordinates (E, N): 3799200; 511800, 3799500; 511700, 3799500; (xxi) Subunit 1t: Land bounded by the 507900, 3797600; 508400, 3797600; 508400, 511700, 3799400; 511400, 3799400; 511400, following UTM11 NAD27 coordinates (E, N): 3797200; 508300, 3797200; 508300, 3797100; 3799500; 511300, 3799500; 511300, 3799600; 514800, 3799600; 515000, 3799600; 515000, 508200, 3797100; 508200, 3796800; 507800, 511200, 3799600; 511200, 3799700; 511100, 3799500; 515100, 3799500; 515100, 3799200; 3796800; 507800, 3797100; 507700, 3797100; 3799700; 511100, 3799800; 511000, 3799800; 515000, 3799200; 515000, 3799100; 514800, 507700, 3797500; 507900, 3797500; and 511000, 3800100; 511200, 3800100; 511200, 3799100; 514800, 3799200; 514700, 3799200; 507900, 3797600. 3800000; 511300, 3800000; 511300, 3799900; 514700, 3799300; 514600, 3799300; 514600, (x) Subunit 1i: Land bounded by the 511700, 3799900; 511700, 3799800; 511800, 3799400; 514700, 3799400; 514700, 3799500; following UTM11 NAD27 coordinates (E, N): 3799800; 511800, 3799900; 512000, 3799900; 514800, 3799500; and 514800, 3799600. 508400, 3797200; 508700, 3797200; 508700, 512000, 3800100; 511900, 3800100; 511900, (xxii) Subunit 1u: Land bounded by the 3796900; 508400, 3796900; and 508400, 3800500; 512000, 3800500; 512000, 3800700; following UTM11 NAD27 coordinates (E, N): 3797200. 511900, 3800700; and 511900, 3801000. 516700, 3799700; 516900, 3799700; 516900, (xi) Subunit 1j: Land bounded by the (xviii) Subunit 1q: Land bounded by the 3799600; 517100, 3799600; 517100, 3799500; following UTM11 NAD27 coordinates (E, N): following UTM11 NAD27 coordinates (E, N): 517200, 3799500; 517200, 3799000; 517300, 508300, 3800600; 508600, 3800600; 508600, 513200, 3800300; 513500, 3800300; 513500, 3799000; 517300, 3798700; 516800, 3798700;

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516800, 3798600; 516400, 3798600; 516400, (xxx) Subunit 1ac: Land bounded by the 3792700; 521400, 3792700; 521400, 3792900; 3798700; 516300, 3798700; 516300, 3798600; following UTM11 NAD27 coordinates (E, N): 521200, 3792900; 521200, 3793200; 521300, 516100, 3798600; 516100, 3798700; 516000, 521000, 3800000; 521500, 3800000; 521500, 3793200; and 521300, 3793300. 3798700; 516000, 3798800; 515900, 3798800; 3799700; 521400, 3799700; 521400, 3799500; (xxxvii) Subunit 1aj: Land bounded by the 515900, 3798900; 515700, 3798900; 515700, 520900, 3799500; 520900, 3799800; 521000, following UTM11 NAD27 coordinates (E, N): 3799000; 515400, 3799000; 515400, 3799100; 3799800; and 521000, 3800000. 524100, 3792500; 524300, 3792500; 524300, 515300, 3799100; 515300, 3799500; 516000, (xxxi) Subunit 1ad: Land bounded by the 3792400; 524500, 3792400; 524500, 3792300; 3799500; 516000, 3799400; 516300, 3799400; following UTM11 NAD27 coordinates (E, N): 524700, 3792300; 524700, 3792200; 524800, 516300, 3799300; 516400, 3799300; 516400, 520000, 3799400; 520500, 3799400; 520500, 3792200; 524800, 3792100; 524900, 3792100; 3799600; 516700, 3799600; and 516700, 3799300; 520600, 3799300; 520600, 3799100; 524900, 3792200; 525300, 3792200; 525300, 3799700. 520300, 3799100; 520300, 3799200; 520200, 3792100; 525400, 3792100; 525400, 3791800; (xxiii) Subunit 1v: Land bounded by the 3799200; 520200, 3799100; 520000, 3799100; 525300, 3791800; 525300, 3791600; 525500, following UTM11 NAD27 coordinates (E, N): 520000, 3799000; 520200, 3799000; 520200, 3791600; 525500, 3791500; 525600, 3791500; 516700, 3800500; 517100, 3800500; 517100, 3798800; 520100, 3798800; 520100, 3798700; 525600, 3791300; 525700, 3791300; 525700, 3800300; 517200, 3800300; 517200, 3800000; 519700, 3798700; 519700, 3799100; 519900, 3791200; 525800, 3791200; 525800, 3791500; 517100, 3800000; 517100, 3799900; 516700, 3799100; 519900, 3799300; 520000, 3799300; 526200, 3791500; 526200, 3791300; 526300, 3799900; 516700, 3800000; 516600, 3800000; and 520000, 3799400. 3791300; 526300, 3791200; 526500, 3791200; 516600, 3800400; 516700, 3800400; and (xxxii) Subunit 1ae: Land bounded by the 526500, 3791100; 526700, 3791100; 526700, 516700, 3800500. following UTM11 NAD27 coordinates (E, N): 3791000; 526800, 3791000; 526800, 3791100; (xxiv) Subunit 1w: Land bounded by the 521400, 3799000; 522000, 3799000; 522000, 527100, 3791100; 527100, 3791000; 527200, following UTM11 NAD27 coordinates (E, N): 3798600; 521600, 3798600; 521600, 3798500; 3791000; 527200, 3790900; 527400, 3790900; 518600, 3799900; 519100, 3799900; 519100, 521500, 3798500; 521500, 3798400; 521300, 527400, 3790600; 527500, 3790600; 527500, 3799600; 519000, 3799600; 519000, 3799500; 3798400; 521300, 3798300; 521200, 3798300; 3790100; 527000, 3790100; 527000, 3790200; 518700, 3799500; 518700, 3799400; 518500, 521200, 3798200; 520900, 3798200; 520900, 526900, 3790200; 526900, 3790400; 526600, 3799400; 518500, 3799200; 518400, 3799200; 3798300; 520700, 3798300; 520700, 3798000; 3790400; 526600, 3790500; 526500, 3790500; 518400, 3799100; 518300, 3799100; 518300, 520300, 3798000; 520300, 3798300; 520400, 526500, 3790200; 526400, 3790200; 526400, 3799000; 518200, 3799000; 518200, 3799100; 3798300; 520400, 3798400; 520600, 3798400; 3790100; 526300, 3790100; 526300, 3790000; 517900, 3799100; 517900, 3798900; 517800, 520600, 3798500; 520400, 3798500; 520400, 526000, 3790000; 526000, 3790500; 525700, 3798900; 517800, 3798800; 517600, 3798800; 3798700; 520500, 3798700; 520500, 3798800; 3790500; 525700, 3790400; 525600, 3790400; 517600, 3798900; 517500, 3798900; 517500, 520700, 3798800; 520700, 3798700; 520800, 525600, 3790500; 525500, 3790500; 525500, 3799000; 517400, 3799000; 517400, 3799300; 3798700; 520800, 3798800; 521100, 3798800; 3790600; 525400, 3790600; 525400, 3790700; 517300, 3799300; 517300, 3799700; 517500, 521100, 3798700; 521400, 3798700; 521400, 525300, 3790700; 525300, 3791000; 525100, 3799700; 517500, 3799800; 518100, 3799800; 3798800; 521300, 3798800; 521300, 3798900; 3791000; 525100, 3791200; 524800, 3791200; 518100, 3799700; 518400, 3799700; 518400, 521400, 3798900; and 521400, 3799000. 524800, 3791300; 524700, 3791300; 524700, 3799800; 518600, 3799800; and 518600, (xxxiii) Subunit 1af: Land bounded by the 3791200; 524300, 3791200; 524300, 3791300; 3799900. following UTM11 NAD27 coordinates (E, N): 524200, 3791300; 524200, 3791400; 524000, (xxv) Subunit 1x: Land bounded by the following UTM11 NAD27 coordinates (E, N): 519800, 3794600; 520100, 3794600; 520100, 3791400; 524000, 3791500; 523800, 3791500; 515400, 3797400; 515800, 3797400; 515800, 3794200; 519800, 3794200; and 519800, 523800, 3791900; 524200, 3791900; 524200, 3797300; 516300, 3797300; 516300, 3797200; 3794600. 3792100; 524000, 3792100; 524000, 3792400; 516400, 3797200; 516400, 3796900; 515500, (xxxiv) Subunit 1ag: Land bounded by the 524100, 3792400; and 524100, 3792500; 3796900; 515500, 3797000; 515400, 3797000; following UTM11 NAD27 coordinates (E, N): excluding land bounded by 525900, 3791100; and 515400, 3797400. 520400, 3794200; 521100, 3794200; 521100, 525900, 3790900; 526000, 3790900; 526000, (xxvi) Subunit 1y: Land bounded by the 3793900; 521000, 3793900; 521000, 3793800; 3791100; and 525900, 3791100. following UTM11 NAD27 coordinates (E, N): 520700, 3793800; 520700, 3793700; 520400, (xxxviii) Subunit 1ak: Land bounded by 519100, 3797200; 519400, 3797200; 519400, 3793700; 520400, 3793800; 520300, 3793800; the following UTM11 NAD27 coordinates (E, 3797100; 519500, 3797100; 519500, 3796900; 520300, 3793700; 520000, 3793700; 520000, N): 527600, 3790400; 527900, 3790400; 519700, 3796900; 519700, 3796000; 519600, 3793800; 519900, 3793800; 519900, 3794000; 527900, 3790300; 528000, 3790300; 528000, 3796000; 519600, 3795900; 519500, 3795900; 520000, 3794000; 520000, 3794100; 520400, 3790100; 527900, 3790100; 527900, 3790000; 519500, 3795700; 519100, 3795700; 519100, 3794100; and 520400, 3794200. 527600, 3790000; and 527600, 3790400. 3796100; 519000, 3796100; 519000, 3796300; (xxxv) Subunit 1ah: Land bounded by the (xxxix) Subunit 1al: Land bounded by the 518900, 3796300; 518900, 3796600; 518800, following UTM11 NAD27 coordinates (E, N): following UTM11 NAD27 coordinates (E, N): 3796600; 518800, 3796800; 518900, 3796800; 521600, 3794700; 521800, 3794700; 521800, 527900, 3789600; 528200, 3789600; 528200, 518900, 3797000; 519000, 3797000; 519000, 3794600; 521900, 3794600; 521900, 3794300; 3789300; 527800, 3789300; 527800, 3789500; 3797100; 519100, 3797100; and 519100, 521800, 3794300; 521800, 3794200; 521400, 527900, 3789500; and 527900, 3789600. 3797200. 3794200; 521400, 3794500; 521500, 3794500; (xl) Subunit 1am: Land bounded by the (xxvii) Subunit 1z: Land bounded by the 521500, 3794600; 521600, 3794600; and following UTM11 NAD27 coordinates (E, N): following UTM11 NAD27 coordinates (E, N): 521600, 3794700. 526900, 3789400; 527100, 3789400; 527100, 519600, 3797600; 519800, 3797600; 519800, (xxxvi) Subunit 1ai: Land bounded by the 3789300; 527200, 3789300; 527200, 3789100; 3797500; 520300, 3797500; 520300, 3797100; following UTM11 NAD27 coordinates (E, N): 527400, 3789100; 527400, 3789200; 527700, 520200, 3797100; 520200, 3797000; 519800, 521300, 3793300; 521700, 3793300; 521700, 3789200; 527700, 3789100; 527800, 3789100; 3797000; 519800, 3797100; 519700, 3797100; 3793200; 521800, 3793200; 521800, 3793000; 527800, 3789000; 528000, 3789000; 528000, 519700, 3797200; 519500, 3797200; 519500, 521900, 3793000; 521900, 3793100; 522400, 3789100; 528400, 3789100; 528400, 3789000; 3797500; 519600, 3797500; and 519600, 3793100; 522400, 3793000; 522600, 3793000; 528500, 3789000; 528500, 3788900; 528600, 3797600. 522600, 3792900; 522800, 3792900; 522800, 3788900; 528600, 3788700; 528700, 3788700; (xxviii) Subunit 1aa: Land bounded by the 3792800; 523000, 3792800; 523000, 3792500; 528700, 3788600; 528800, 3788600; 528800, following UTM11 NAD27 coordinates (E, N): 523100, 3792500; 523100, 3792400; 523400, 3788400; 528900, 3788400; 528900, 3788300; 519700, 3800600; 520200, 3800600; 520200, 3792400; 523400, 3792300; 523500, 3792300; 529000, 3788300; 529000, 3788100; 528900, 3800200; 520100, 3800200; 520100, 3800100; 523500, 3791900; 523400, 3791900; 523400, 3788100; 528900, 3788000; 528700, 3788000; 519700, 3800100; and 519700, 3800600. 3791800; 523200, 3791800; 523200, 3791900; 528700, 3788100; 528100, 3788100; 528100, (xxix) Subunit 1ab: Land bounded by the 523100, 3791900; 523100, 3792000; 522800, 3788300; 527900, 3788300; 527900, 3788400; following UTM11 NAD27 coordinates (E, N): 3792000; 522800, 3792100; 522700, 3792100; 527800, 3788400; 527800, 3788500; 527700, 520000, 3800000; 520700, 3800000; 520700, 522700, 3792200; 522400, 3792200; 522400, 3788500; 527700, 3788600; 527600, 3788600; 3799900; 520800, 3799900; 520800, 3799500; 3792300; 522200, 3792300; 522200, 3792400; 527600, 3788500; 527200, 3788500; 527200, 520400, 3799500; 520400, 3799600; 519900, 522000, 3792400; 522000, 3792600; 521900, 3788700; 527100, 3788700; 527100, 3788600; 3799600; 519900, 3799900; 520000, 3799900; 3792600; 521900, 3792500; 521800, 3792500; 526800, 3788600; 526800, 3788700; 526600, and 520000, 3800000. 521800, 3792600; 521700, 3792600; 521700, 3788700; 526600, 3788900; 526700, 3788900;

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526700, 3789000; 526900, 3789000; and 527700, 3786500; 528000, 3786500; 528000, 512900, 3792600; 512800, 3792600; 512800, 526900, 3789400. 3786400; 528100, 3786400; 528100, 3786200; 3792500; 512400, 3792500; 512400, 3792300; (xli) Subunit 1an: Land bounded by the 528200, 3786200; 528200, 3785900; 528100, 512300, 3792300; 512300, 3791900; 512200, following UTM11 NAD27 coordinates (E, N): 3785900; 528100, 3785800; 527800, 3785800; 3791900; 512200, 3791800; 512000, 3791800; 529200, 3788100; 529500, 3788100; 529500, 527800, 3785900; 527700, 3785900; 527700, 512000, 3791600; 511900, 3791600; 511900, 3787700; 529400, 3787700; 529400, 3787600; 3786100; 527600, 3786100; 527600, 3786300; 529100, 3787600; 529100, 3788000; 529200, 527700, 3786300; and 527700, 3786500. 3791400; 511500, 3791400; 511500, 3791800; 3788000; and 529200, 3788100. (5) Bertha Ridge Unit, San Bernardino 511600, 3791800; 511600, 3792000; 511500, (xlii) Subunit 1ao: Land bounded by the County, California. 3792000; 511500, 3792100; 511400, 3792100; following UTM11 NAD27 coordinates (E, N): (i) From USGS 1:24,000 quadrangle maps 511400, 3792500; 511500, 3792500; 511500, 530200, 3788000; 531100, 3788000; 531100, Fawnskin and Big Bear City, California, land 3792600; 511600, 3792600; 511600, 3792700; 3787600; 530800, 3787600; 530800, 3787500; bounded by the following UTM11 NAD27 511800, 3792700; 511800, 3792900; 512000, 530900, 3787500; 530900, 3787200; 530200, coordinates (E, N): 512000, 3793000; 512700, 3792900; and 512000, 3793000. 3787200; 530200, 3787300; 530100, 3787300; 3793000; 512700, 3792900; 512900, 3792900; (ii) Note: Eriogonum ovalifolium var. 530100, 3787500; 530200, 3787500; and 512900, 3792700; 513400, 3792700; 513400, vineum map follows: 530200, 3788000. 3792400; 513300, 3792400; 513300, 3792300; (xliii) Subunit 1ap: Land bounded by the 513100, 3792300; 513100, 3792400; 513000, BILLING CODE 4310–55–P following UTM11 NAD27 coordinates (E, N): 3792400; 513000, 3792500; 512900, 3792500;

BILLING CODE 4310–55–C constituent elements of critical habitat for (ii) Soils with intact, natural surfaces that * * * * * this species are listed below and consist of, have not been substantially altered by land but are not limited to: use activities (e.g., graded, excavated, re- Family Polygonaceae: Oxytheca Parishii contoured, or otherwise altered by ground- var. goodmaniana (Cushenbury Oxytheca) (i) Soils derived primarily from upslope limestone, a mixture of limestone and disturbing equipment); and (iii) Associated plant communities that (1) Critical habitat units are depicted for dolomite, or limestone talus substrates with San Bernardino County, California, on the have areas with a moderately open canopy parent materials that include Bird Spring maps below. cover (generally between 25 and 53 percent (2) The primary constituent elements of Formation, Bonanza King Formation, middle (Neel 2000)). critical habitat for Oxytheca parishii var. and lower members of the Monte Cristo (3) Existing features and structures, such as goodmaniana are those habitat components Limestone, and the Crystal Pass member of buildings, active mines, paved or unpaved that are essential for the primary biological the Sultan Limestone Formation at elevations roads, other paved or cleared areas, lawns, needs of the species. Based on our current between 1,440 and 2,372 m (4,724 and 7,782 and other urban landscaped areas, are not knowledge of this species, the primary ft); likely to contain one or more of the primary

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constituent elements. Federal actions limited (viii) Subunit 1g: Land bounded by the 513300, 3800400; 513500, 3800400; 513500, to those areas, therefore, would not trigger a following UTM11 NAD27 coordinates (E, N): 3800200; 513700, 3800200; 513700, 3800100; section 7 consultation, unless they may affect 506800, 3798100; 507300, 3798100; 507300, 513800, 3800100; 513800, 3800000; 514000, the species or primary constituent elements 3797800; 507400, 3797800; 507400, 3797700; 3800000; 514000, 3799900; 514100, 3799900; in adjacent critical habitat. 507600, 3797700; 507600, 3797600; 507900, 514100, 3799700; 513800, 3799700; 513800, (4) Northeastern Slope Unit, San 3797600; 507900, 3797500; 508000, 3797500; 3799800; 513700, 3799800; 513700, 3799900; Bernardino County, California. 508000, 3797400; 508100, 3797400; 508100, 513300, 3799900; 513300, 3800000; 513200, (i) From USGS 1:24,000 quadrangle maps 3797200; 508200, 3797200; 508200, 3797000; 3800000; 513200, 3800300; 513300, 3800300; Butler Peak, Fawnskin, Big Bear City, 508300, 3797000; 508300, 3796700; 508400, and 513300, 3800400. Rattlesnake Canyon, and Onyx Peak, 3796700; 508400, 3796600; 508500, 3796600; (xv) Subunit 1n: Land bounded by the California. 508500, 3796200; 508200, 3796200; 508200, following UTM11 NAD27 coordinates (E, N): (ii) Subunit 1a: Land bounded by the 3796100; 507700, 3796100; 507700, 3796500; 514200, 3800800; 514400, 3800800; 514400, following UTM11 NAD27 coordinates (E, N): 507800, 3796500; 507800, 3796600; 507900, 3800700; 514500, 3800700; 514500, 3800500; 498200, 3801600; 498500, 3801600; 498500, 3796600; 507900, 3796700; 507800, 3796700; 514200, 3800500; and 514200, 3800800. 3801500; 498600, 3801500; 498600, 3801200; 507800, 3796800; 507700, 3796800; 507700, (xvi) Subunit 1o: Land bounded by the 498300, 3801200; 498300, 3801300; 498200, 3797000; 507600, 3797000; 507600, 3797400; following UTM11 NAD27 coordinates (E, N): 3801300; and 498200, 3801600. 507500, 3797400; 507500, 3797300; 507400, 514800, 3801300; 515000, 3801300; 515000, (iii) Subunit 1b: Land bounded by the 3797300; 507400, 3797200; 507000, 3797200; 3801200; 515100, 3801200; 515100, 3801000; following UTM11 NAD27 coordinates (E, N): 507000, 3797300; 506900, 3797300; 506900, 515000, 3801000; 515000, 3800900; 514700, 498800, 3801200; 499400, 3801200; 499400, 3797400; 506800, 3797400; 506800, 3797600; 3800900; 514700, 3801200; 514800, 3801200; 3800900; 499500, 3800900; 499500, 3800800; 506700, 3797600; 506700, 3798000; 506800, and 514800, 3801300. 499600, 3800800; 499600, 3800600; 499500, 3798000; and 506800, 3798100. (xvii) Subunit 1p: Land bounded by the 3800600; 499500, 3800500; 499400, 3800500; (ix) Subunit 1h: Land bounded by the following UTM11 NAD27 coordinates (E, N): 499400, 3800400; 499100, 3800400; 499100, following UTM11 NAD27 coordinates (E, N): 514600, 3799700; 514900, 3799700; 514900, 3800300; 499000, 3800300; 499000, 3800000; 508800, 3799300; 509000, 3799300; 509000, 3799400; 514600, 3799400; and 514600, 498900, 3800000; 498900, 3799900; 498700, 3799200; 509100, 3799200; 509100, 3798800; 3799700. 3799900; 498700, 3799600; 498300, 3799600; 509000, 3798800; 509000, 3798700; 508800, (xviii) Subunit 1q: Land bounded by the 498300, 3800000; 498400, 3800000; 498400, 3798700; 508800, 3798800; 508700, 3798800; following UTM11 NAD27 coordinates (E, N): 3800100; 498600, 3800100; 498600, 3800300; 508700, 3799100; 508800, 3799100; and 515900, 3802200; 516200, 3802200; 516200, 498500, 3800300; 498500, 3800400; 498200, 508800, 3799300. 3801900; 516100, 3801900; 516100, 3801800; 3800400; 498200, 3800500; 498000, 3800500; (x) Subunit 1i: Land bounded by the 515900, 3801800; 515900, 3801900; 515800, 498000, 3800800; 498400, 3800800; 498400, following UTM11 NAD27 coordinates (E, N): 3801900; 515800, 3802100; 515900, 3802100; 3800900; 498700, 3800900; 498700, 3801100; 509300, 3801000; 509600, 3801000; 509600, and 515900, 3802200. 498800, 3801100; and 498800, 3801200. 3800800; 509700, 3800800; 509700, 3800700; (xix) Subunit 1r: Land bounded by the (iv) Subunit 1c: Land bounded by the 509800, 3800700; 509800, 3800500; 510100, following UTM11 NAD27 coordinates (E, N): following UTM11 NAD27 coordinates (E, N): 3800500; 510100, 3800400; 510300, 3800400; 516100, 3801400; 516400, 3801400; 516400, 500200, 3799900; 500600, 3799900; 500600, 3799800; 500700, 3799800; 500700, 3799600; 510300, 3800300; 510500, 3800300; 510500, 3801000; 516100, 3801000; 516100, 3801100; 500600, 3799600; 500600, 3799500; 500300, 3800000; 509900, 3800000; 509900, 3800100; 516000, 3801100; 516000, 3801300; 516100, 3799500; 500300, 3799600; 500200, 3799600; 509500, 3800100; 509500, 3800400; 509600, 3801300; and 516100, 3801400. and 500200, 3799900. 3800400; 509600, 3800500; 509500, 3800500; (xx) Subunit 1s: Land bounded by the (v) Subunit 1d: Land bounded by the 509500, 3800600; 509400, 3800600; 509400, following UTM11 NAD27 coordinates (E, N): following UTM11 NAD27 coordinates (E, N): 3800800; 509300, 3800800; and 509300, 515300, 3800400; 515600, 3800400; 515600, 502800, 3797400; 503400, 3797400; 503400, 3801000. 3800300; 515700, 3800300; 515700, 3799800; 3797200; 503500, 3797200; 503500, 3797000; (xi) Subunit 1j: Land bounded by the 515600, 3799800; 515600, 3799700; 515300, 503400, 3797000; 503400, 3796900; 502900, following UTM11 NAD27 coordinates (E, N): 3799700; and 515300, 3800400. 3796900; 502900, 3797000; 502800, 3797000; 511000, 3800100; 511200, 3800100; 511200, (xxi) Subunit 1t: Land bounded by the and 502800, 3797400. 3800000; 511300, 3800000; 511300, 3799900; following UTM11 NAD27 coordinates (E, N): (vi) Subunit 1e: Land bounded by the 511500, 3799900; 511500, 3799800; 511600, 515700, 3800600; 516100, 3800600; 516100, following UTM11 NAD27 coordinates (E, N): 3799800; 511600, 3799600; 511500, 3799600; 3800500; 516400, 3800500; 516400, 3800400; 503600, 3799300; 504000, 3799300; 504000, 511500, 3799500; 511300, 3799500; 511300, 516500, 3800400; 516500, 3799800; 516400, 3798600; 504300, 3798600; 504300, 3798500; 3799600; 511200, 3799600; 511200, 3799800; 3799800; 516400, 3799700; 516300, 3799700; 504400, 3798500; 504400, 3798400; 505300, 511100, 3799800; 511100, 3799900; 511000, 516300, 3799800; 516100, 3799800; 516100, 3798400; 505300, 3798300; 505500, 3798300; 3799900; and 511000, 3800100. 3800000; 516000, 3800000; 516000, 3800100; 505500, 3798000; 505300, 3798000; 505300, (xii) Subunit 1k: Land bounded by the 515800, 3800100; 515800, 3800300; 515700, 3797700; 505100, 3797700; 505100, 3797800; following UTM11 NAD27 coordinates (E, N): 3800300; and 515700, 3800600. 505000, 3797800; 505000, 3798000; 504500, 512300, 3800600; 512600, 3800600; 512600, (xxii) Subunit 1u: Land bounded by the 3798000; 504500, 3797900; 504300, 3797900; 3800500; 512700, 3800500; 512700, 3800100; following UTM11 NAD27 coordinates (E, N): 504300, 3798000; 504000, 3798000; 504000, 512600, 3800100; 512600, 3799900; 512700, 516800, 3800400; 517100, 3800400; 517100, 3798100; 503900, 3798100; 503900, 3798300; 3799900; 512700, 3799600; 512300, 3799600; 3800300; 517200, 3800300; 517200, 3800000; 503800, 3798300; 503800, 3798100; 503500, 512300, 3799700; 512100, 3799700; 512100, 516800, 3800000; and 516800, 3800400. 3798100; 503500, 3798000; 503100, 3798000; 3799600; 511700, 3799600; 511700, 3799800; (xxiii) Subunit 1v: Land bounded by the 503100, 3798400; 503200, 3798400; 503200, 511900, 3799800; 511900, 3799900; 512000, following UTM11 NAD27 coordinates (E, N): 3798500; 503700, 3798500; 503700, 3798600; 3799900; 512000, 3799800; 512100, 3799800; 515500, 3799600; 515900, 3799600; 515900, 503600, 3798600; and 503600, 3799300. 512100, 3800000; 511900, 3800000; 511900, 3799500; 516000, 3799500; 516000, 3799400; (vii) Subunit 1f: Land bounded by the 3800100; 511800, 3800100; 511800, 3800500; 516400, 3799400; 516400, 3799300; 516500, following UTM11 NAD27 coordinates (E, N): 512300, 3800500; and 512300, 3800600. 3799300; 516500, 3799100; 516700, 3799100; 506700, 3799500; 506900, 3799500; 506900, (xiii) Subunit 1l: Land bounded by the 516700, 3799200; 516600, 3799200; 516600, 3799200; 507200, 3799200; 507200, 3799300; following UTM11 NAD27 coordinates (E, N): 3799400; 516700, 3799400; 516700, 3799500; 507500, 3799300; 507500, 3799200; 507600, 513300, 3799300; 513600, 3799300; 513600, 517000, 3799500; 517000, 3799300; 517100, 3799200; 507600, 3799000; 507500, 3799000; 3799200; 513700, 3799200; 513700, 3798900; 3799300; 517100, 3799100; 517200, 3799100; 507500, 3798900; 507400, 3798900; 507400, 513600, 3798900; 513600, 3798800; 513400, 517200, 3798700; 516500, 3798700; 516500, 3798800; 506900, 3798800; 506900, 3798900; 3798800; 513400, 3798900; 513200, 3798900; 3798800; 516300, 3798800; 516300, 3798900; 506700, 3798900; 506700, 3798800; 506000, 513200, 3799200; 513300, 3799200; and 516200, 3798900; 516200, 3799000; 516100, 3798800; 506000, 3799200; 506600, 3799200; 513300, 3799300. 3799000; 516100, 3799100; 515900, 3799100; 506600, 3799400; 506700, 3799400; and (xiv) Subunit 1m: Land bounded by the 515900, 3799000; 515700, 3799000; 515700, 506700, 3799500. following UTM11 NAD27 coordinates (E, N): 3798900; 515400, 3798900; 515400, 3799000;

VerDate 0ct<31>2002 21:23 Dec 23, 2002 Jkt 200001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\24DER2.SGM 24DER2 78610 Federal Register / Vol. 67, No. 247 / Tuesday, December 24, 2002 / Rules and Regulations

515300, 3799000; 515300, 3799300; 515400, 3798100; 520800, 3798200; 520700, 3798200; 3789200; 527700, 3789200; 527700, 3789500; 3799300; 515400, 3799500; 515500, 3799500; 520700, 3798600; 520900, 3798600; and 527800, 3789500; and 527800, 3789600. and 515500, 3799600. 520900, 3798700. (xxix) Subunit 1ab: Land bounded by the (xxiv) Subunit 1w: Land bounded by the (xxvi) Subunit 1y: Land bounded by the following UTM11 NAD27 coordinates (E, N): following UTM11 NAD27 coordinates (E, N): following UTM11 NAD27 coordinates (E, N): 528400, 3790100; 528600, 3790100; 528600, 517500, 3799800; 518000, 3799800; 518000, 526700, 3791000; 527000, 3791000; 527000, 3790000; 528800, 3790000; 528800, 3789600; 3799700; 518300, 3799700; 518300, 3799800; 3790900; 527300, 3790900; 527300, 3790800; 518600, 3799800; 518600, 3799700; 518800, 527400, 3790800; 527400, 3790600; 527000, 528400, 3789600; 528400, 3789700; 528300, 3799700; 518800, 3799400; 518600, 3799400; 3790600; 527000, 3790400; 526600, 3790400; 3789700; 528300, 3790000; 528400, 3790000; 518600, 3799300; 518700, 3799300; 518700, 526600, 3790700; 526700, 3790700; and and 528400, 3790100. 3798900; 518300, 3798900; 518300, 3799000; 526700, 3791000. (xxx) Subunit 1ac: Land bounded by the 518200, 3799000; 518200, 3799100; 517900, (xxvii) Subunit 1z: Land bounded by the following UTM11 NAD27 coordinates (E, N): 3799100; 517900, 3798800; 517800, 3798800; following UTM11 NAD27 coordinates (E, N): 530300, 3788100; 530500, 3788100; 530500, 517800, 3798700; 517500, 3798700; 517500, 527800, 3790700; 528200, 3790700; 528200, 3788000; 530600, 3788000; 530600, 3787400; 3799000; 517400, 3799000; 517400, 3799300; 3790300; 528000, 3790300; 528000, 3790200; 530300, 3787400; 530300, 3787600; 530200, 517500, 3799300; and 517500, 3799800. 527800, 3790200; 527800, 3790300; 527700, 3787600; 530200, 3788000; 530300, 3788000; (xxv) Subunit 1x: Land bounded by the 3790300; 527700, 3790600; 527800, 3790600; and 530300, 3788100. following UTM11 NAD27 coordinates (E, N): and 527800, 3790700. (xxxi) Note: Oxytheca parishii var. 520900, 3798700; 521200, 3798700; 521200, (xxviii) Subunit 1aa: Land bounded by the goodmaniana map follows: 3798600; 521300, 3798600; 521300, 3798300; following UTM11 NAD27 coordinates (E, N): 521200, 3798300; 521200, 3798100; 520800, 527800, 3789600; 528200, 3789600; 528200, BILLING CODE 4310–55–P

BILLING CODE 4310–55–C Dated: December 9, 2002. * * * * * Craig Manson, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 02–31631 Filed 12–23–02; 8:45 am] BILLING CODE 4310–55–P

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