Vol. 78 Tuesday, No. 73 April 16, 2013

Part II

Department of the Interior

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

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DEPARTMENT OF THE INTERIOR Wildlife Office, 6010 Hidden Valley and information we received during the Road, Suite 101, Carlsbad, CA 92011; comment periods. Fish and Wildlife Service telephone 760–431–9440; facsimile Background 760–431–5901. If you use a 50 CFR Part 17 telecommunications device for the deaf This is a final rule concerning the (TDD), call the Federal Information designations of critical habitat for [Docket No. FWS–R8–ES–2012–0008; Allium munzii and Atriplex coronata 4500030114] Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: var. notatior. It is our intent to discuss RIN 1018–AX42 in this final rule only those topics Executive Summary directly relevant to the development Endangered and Threatened Wildlife Why we need to publish this rule. On and designation of critical habitat for and Plants; Revised Designation of April 17, 2012, we published in the Allium munzii and Atriplex coronata Critical Habitat for Allium munzii Federal Register a combined proposed var. notatior under the Endangered (Munz’s Onion) and Atriplex coronata rule for revised critical habitat Species Act of 1973, as amended (Act) var. notatior (San Jacinto Valley designations for Allium munzii and (16 U.S.C. 1531 et seq.). For more Crownscale) Atriplex coronata var. notatior. We are information on the biology and ecology now issuing this final rule concerning of A. munzii and A. c. var. notatior, refer AGENCY: Fish and Wildlife Service, the designations of critical habitat for to the final listing rule published in the Interior. those two endangered plants. Federal Register on October 13, 1998 ACTION: Final rule. The basis for our action. Under the (63 FR 54975). For information on A. Endangered Species Act, we are munzii and A. c. var. notatior critical SUMMARY: We, the U.S. Fish and required to designate critical habitat for habitat, refer to the proposed rule to Wildlife Service (Service), designate any endangered or threatened species. designate revised critical habitat for A. critical habitat for Allium munzii We must base our designation on the munzii and A. c. var. notatior published (Munz’s onion) under the Endangered best available scientific data after taking in the Federal Register on April 17, Species Act. In total, approximately 98.4 into consideration economic, national 2012 (77 FR 23008). Information on the acres (39.8 hectares) for A. munzii in security, and other relevant impacts. associated draft economic analysis Riverside County, California, fall within The Secretary may exclude an area from (DEA) for the proposed rule to designate the boundaries of the critical habitat critical habitat if the benefits of revised critical habitat was published in designation. We are not designating any exclusion outweigh the benefits of the Federal Register on September 11, critical habitat for Atriplex coronata var. designation, unless the exclusion will 2012 (77 FR 55788). notatior (San Jacinto Valley result in the extinction of the species. The document is structured to address crownscale). This rule designates final critical the taxa separately under each of the DATES: This rule becomes effective on habitat for Allium munzii only. We are sectional headings that follow, where May 16, 2013. designating approximately 98.4 acres appropriate. (ac) (39.8 hectares (ha)) of critical ADDRESSES: This final rule and the Allium habitat for A. munzii in Elsinore Peak Previous Federal Actions— associated final economic analysis are munzii available on the Internet at http:// Unit, which is located near Elsinore www.regulations.gov. Comments and Peak in the Santa Ana Mountains of The final listing rule for Allium materials received, as well as supporting western Riverside County, California. munzii provides a description of documentation used in preparing this This rule does not designate final previous Federal actions through final rule, are available for public critical habitat for Atriplex coronata var. October 13, 1998 (63 FR 54975). At the inspection, by appointment, during notatior. time of listing, we concluded that The Secretary is exercising his normal business hours, at the U.S. Fish designation of critical habitat for A. discretion to exclude approximately 790 and Wildlife Service, Carlsbad Fish and munzii was not prudent because such ac (320 ha)) of previously proposed Wildlife Office, 6010 Hidden Valley designation would not benefit the critical habitat for Allium munzii and Road, Suite 101, Carlsbad, CA 92011; species. On June 4, 2004, we published 8,020 ac (3,246 ha) of previously telephone 760–431–9440; facsimile a proposed rule to designate 227 ac (92 proposed critical habitat for Atriplex 760–431–5901. ha) of critical habitat for A. munzii on coronata var. notatior. We have The coordinates or plot points or both Federal land (Cleveland National Forest) determined that the benefits of from which the maps are generated are in western Riverside County, California exclusion outweigh the benefits of included in the administrative record (69 FR 31569). On June 7, 2005, we inclusion for lands previously proposed for this critical habitat designation and published a final rule designating 176 ac as critical habitat within areas covered are available at http://www.fws.gov/ (71 ha) of the proposed land as critical under the Western Riverside County carlsbad, http://www.regulations.gov at habitat for A. munzii (70 FR 33015). Multiple Species Habitat Conservation On March 22, 2006, we announced Docket No. FWS–R8–ES–2012–0008, Plan, the Rancho Bella Vista Habitat the initiation of the 5-year review for and at the Carlsbad Fish and Wildlife Conservation Plan, and the Allium munzii and the opening of a 60- Office (see FOR FURTHER INFORMATION Southwestern Riverside Multi-species day public comment period to receive CONTACT). Any additional tools or Reserve Cooperative Management information (71 FR 14538). The A. supporting information that we have Agreement. munzii 5-year review was signed on developed for this critical habitat Peer reviewer and public comment. June 17, 2009, and found that no change designation will also be available at the We sought comment from independent was warranted to the endangered status Fish and Wildlife Service Web site and specialists to ensure that our of A. munzii. Field Office, or at http:// designations are based on scientifically On October 2, 2008, a complaint was www.regulations.gov. sound data and analyses. We invited filed against the Department of the FOR FURTHER INFORMATION CONTACT: Jim these peer reviewers to comment on our Interior (DOI) and the Service by the Bartel, Field Supervisor, U.S. Fish and conclusions in the proposed revised Center for Biological Diversity (CBD v. Wildlife Service, Carlsbad Fish and rule. We also considered all comments Kempthorne, No. 08–CV–01348 (S.D.

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Cal.)) challenging our final critical change from the proposed rule. We meters (m)) above mean sea level. habitat designation for Allium munzii. concluded that all 15,232 ac (6,137 ha) Allium munzii has been observed in In an order dated March 24, 2009, the of habitat meeting the definition of Riverside County (Elsinore Peak Unit, U.S. District Court for the Central critical habitat were located either identified in the proposed rule as Unit District of California, Eastern Division, within our estimate of the areas to be 3—Elsinore Peak) at an elevation adopted a stipulated settlement conserved and managed by the ranging from 3,200 to 3,500 ft (975 to agreement that was entered into by all approved Western Riverside County 1,067 m). The PCE (2)(i)(B) (numbered parties. The agreement stipulated that MSHCP on existing Public/Quasi-Public as ‘‘1(b)’’ in the Primary Constituent the Service would reconsider critical (PQP) lands (preexisting natural and Elements section below) is now defined habitat designations for both A. munzii open space areas), or within areas where as ‘‘Generally between the elevations of and Atriplex coronata var. notatior, and the plan would ensure that future 1,200 to 3,500 ft (366 to 1,067 m) above submit to the Federal Register proposed projects would not adversely alter mean sea level,’’ and PCE (2)(ii) revised critical habitat determinations essential hydrological processes, and (numbered as ‘‘2’’ in the Primary for both plants by October 7, 2011. An therefore all areas were excluded from Constituent Elements section below) is extension for the completion of the critical habitat under section 4(b)(2) of now defined as ‘‘Outcrops of igneous proposed and final determinations was the Act. rocks (pyroxenite) on rocky-sandy loam granted on September 14, 2011, with the On October 2, 2008, a complaint was or clay soils within Riversidean sage proposed revised rule then due to the filed against the DOI and the Service by scrub, generally between the elevations Federal Register on or before April 6, the Center for Biological Diversity (CBD of 1,200 to 3,500 ft (366 to 1,067 m) 2012, and the final revised rule on or v. Kempthorne, No. 08–CV–01348 (S.D. above mean sea level.’’ This correction before April 6, 2013. The combined Cal.)) challenging our final critical did not change this unit’s critical habitat proposed revised rule was published on habitat determinations for Allium boundaries for A. munzii. munzii and Atriplex coronata var. April 17, 2012 (77 FR 23008). (2) We reevaluated land management On September 11, 2012, the document notatior (see Previous Federal Actions— within proposed Subunit 1A for Allium making available the DEA and Allium munzii section above for a munzii. A portion of this subunit (2.3 ac reopening the public comment period detailed account of this lawsuit and (0.9 ha)) is located within a Core for the combined proposed revised settlement agreement). As noted above, Reserve established under the Stephens’ critical habitat designations for Allium an extension for the completion of the Kangaroo Rat (SKR) Habitat munzii and Atriplex coronata var. new proposed and final determinations notatior was published in the Federal was granted. The combined proposed Conservation Plan (HCP) and is not Register (77 FR 55788). This final rule rule for the two plants was published on within lands covered by the Lake complies with the March 24, 2009, and April 17, 2012 (77 FR 23008). Mathews Multispecies Habitat September 14, 2011, court orders. On May 25, 2011, we announced the Conservation Plan, as was described in initiation of the 5-year review for the proposed revised rule. Allium Atriplex Previous Federal Actions— Atriplex coronata var. notatior and the munzii is not a covered species under coronata notatior var. opening of a 60-day public comment the SKR HCP in this Core Reserve. The final listing rule for Atriplex period to receive information (76 FR However, this portion of proposed coronata var. notatior provides a 30377). The 5-year review was signed Subunit 1A is found within the Lake description of previous Federal actions on August 17, 2012, and found that no Mathews-Estelle Mountain Reserve, through October 13, 1998 (63 FR 54975), change was warranted to the which is considered PQP (Public-Quasi including proposed critical habitat in endangered status of A. c. var. notatior Public) lands in the Western Riverside 1994 (59 FR 64812; December 15, 1994). (Service 2012b). County MSHCP (collectively, this At the time of the final listing rule in On September 11, 2012, the document reserve is part of the Western Riverside 1998, the Service withdrew the making available the DEA and County MSHCP Existing Core ‘‘C’’). The proposed critical habitat designation reopening the public comment period management actions and conservation based on the taxon’s continued decline for the combined proposed revised objectives for A. munzii established and determined that designation of critical habitat designations for Allium within the permitted Western Riverside critical habitat was not prudent, munzii and Atriplex coronata var. County MSHCP provide for the indicating that no benefit over that notatior was published in the Federal conservation and management of A. provided by listing would result from Register (77 FR 55788). This final rule munzii in the Lake Mathews-Estelle such designation (63 FR 54991; October complies with the March 24, 2009, and Mountain Reserve (see Land and 13, 1998). September 14, 2011, court orders. Resource Management Plans, On October 6, 2004, we published a Conservation Plans, or Agreements proposed rule to designate critical Summary of Changes from Proposed Based on Conservation Partnerships habitat for Atriplex coronata var. Rule section below for additional details). notatior and identified 15,232 ac (6,167 (1) In our document that made The remainder of proposed Subunit 1A ha) of habitat that met the definition of available the DEA and reopened the (0.5 ac (0.2 ha)) is located within the critical habitat (69 FR 59844). However, comment period on the April 17, 2012, Western Riverside County MSHCP we concluded in the 2004 proposed rule proposed rule (September 11, 2012; 77 boundary and is subject to conservation under section 4(b)(2) of the Act that the FR 55788), we revised our proposed measures established for A. munzii, benefits of excluding lands covered by designation of critical habitat for Allium including narrow endemic plant species the Western Riverside County Multiple munzii to clarify primary constituent survey requirements and the project Species Habitat Conservation Plan elements (PCEs) (2)(i)(B) and (2)(ii) review process (Dudek and Associates (Western Riverside County MSHCP) regarding elevations necessary for 2003, pp. 6–28–6–29) (see Land and outweighed the benefits of including conservation of A. munzii. We stated in Resource Management Plans, them as critical habitat. On October 13, the proposed rule that A. munzii is Conservation Plans, or Agreements 2005, we published a final critical found in Riverside County, California, Based on Conservation Partnerships habitat determination for A. c. var. generally between the elevations of section below). Thus, the entirety of notatior (70 FR 59952); there was no 1,200 to 2,700 feet (ft) (366 to 823 proposed Subunit 1A is subject to the

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conservation measures established for requirement that Federal agencies designation. We designate critical A. munzii under the Western Riverside ensure, in consultation with the Service, habitat in areas outside the geographical County MSHCP. that any action they authorize, fund, or area occupied by a species only when a (3) We reevaluated the jurisdiction of carry out is not likely to result in the designation limited to its range would HCPs for proposed Allium munzii destruction or adverse modification of be inadequate to ensure the Subunit 4B—Skunk Hollow, which we critical habitat (collectively referred to conservation of the species. described in the proposed rule as 74.8 as ‘‘adverse modification’’). The Section 4 of the Act requires that we ac (30.3 ha). Approximately 67.1 ac designation of critical habitat does not designate critical habitat on the basis of (27.2 ha) of this proposed subunit lies affect land ownership or establish a the best scientific and commercial data within the boundaries of the Rancho refuge, wilderness, reserve, preserve, or available. Further, our Policy on Bella Vista HCP. The remaining 7.7 ac other conservation area. Such Information Standards Under the (3.1 ha) are found on lands covered by designation does not allow the Endangered Species Act (published in the Western Riverside MSHCP, with 7.3 government or public to access private the Federal Register on July 1, 1994 (59 ac (2.95 ha) designated as PQP lands lands. Such designation does not FR 34271)), the Information Quality Act and 0.4 ac (0.16 ha) as Additional require implementation of restoration, (section 515 of the Treasury and General Reserve Lands (see Land and Resource recovery, or enhancement measures by Government Appropriations Act for Management Plans, Conservation Plans, non-Federal landowners. Where a Fiscal Year 2001 (Pub. L. 106–554; H.R. or Agreements Based on Conservation landowner requests Federal agency 5658)), and our associated Information Partnerships section below for more funding or authorization for an action Quality Guidelines, provide criteria, details). The boundaries and total that may affect a listed species or establish procedures, and provide acreage for proposed Subunit 4B— critical habitat, the consultation guidance to ensure that our decisions Skunk Hollow have not changed from requirements of section 7(a)(2) of the are based on the best scientific data the proposed rule, but we revised the Act would apply, but even in the event available. They require our biologists, to appropriate table to reflect the two of an adverse modification finding, the the extent consistent with the Act and different conservation plans for this obligation of the Federal action agency with the use of the best scientific data proposed subunit. and the landowner is not to restore or available, to use primary and original sources of information as the basis for Critical Habitat recover the species, but to implement reasonable and prudent alternatives to recommendations to designate critical Background avoid adverse modification of critical habitat. Critical habitat is defined in section 3 habitat. When we are determining which areas of the Act as: Under section 3(5)(A)(i) of the Act’s should be designated as critical habitat, (1) The specific areas within the definition of critical habitat, areas our primary source of information is geographical area occupied by the within the geographical area occupied generally the information developed species, at the time it is listed in by the species at the time it was listed during the listing process for the accordance with the Act, on which are are included in a critical habitat species. Additional information sources found those physical or biological designation if they contain physical or may include the recovery plan for the features biological features (1) which are species, articles in peer-reviewed (a) Essential to the conservation of the essential to the conservation of the journals, conservation plans developed species and species and (2) which may require by States and counties, scientific status (b) Which may require special special management considerations or surveys and studies, biological management considerations or protection. For these areas, critical assessments, other unpublished protection; and habitat designations identify, to the materials, or experts’ opinions or (2) Specific areas outside the extent known using the best scientific personal knowledge. geographical area occupied by the and commercial data available, those Habitat is dynamic, and species may species at the time it is listed, upon a physical or biological features that are move from one area to another over determination that such areas are essential to the conservation of the time. We recognize that critical habitat essential for the conservation of the species (such as space, food, cover, and designated at a particular point in time species. protected habitat). In identifying those may not include all of the habitat areas Conservation, as defined under physical or biological features within an that we may later determine are section 3 of the Act, means to use and area, we focus on the principal necessary for the recovery of the the use of all methods and procedures biological or physical constituent species. For these reasons, a critical that are necessary to bring an elements (primary constituent elements habitat designation does not signal that endangered or threatened species to the such as roost sites, nesting grounds, habitat outside the designated area is point at which the measures provided seasonal wetlands, water quality, tide, unimportant or may not be needed for pursuant to the Act are no longer soil type) that provide for a species’ life- recovery of the species. Areas that are necessary. Such methods and history processes. important to the conservation of the procedures include, but are not limited Under section 3(5)(A)(ii) of the Act’s species, both inside and outside the to, all activities associated with definition of critical habitat, we can critical habitat designation, will scientific resources management such as designate critical habitat in areas continue to be subject to: (1) research, census, law enforcement, outside the geographical area occupied Conservation actions implemented habitat acquisition and maintenance, by the species at the time it is listed, under section 7(a)(1) of the Act, (2) propagation, live trapping, and upon a determination that such areas regulatory protections afforded by the transplantation, and, in the are essential for the conservation of the requirement in section 7(a)(2) of the Act extraordinary case where population species. For example, an area currently for Federal agencies to insure their pressures within a given ecosystem occupied by the species but that was not actions are not likely to jeopardize the cannot be otherwise relieved, may within the geographical area occupied at continued existence of any endangered include regulated taking. the time of listing may be essential for or threatened species, and (3) the Critical habitat receives protection the conservation of the species and may prohibitions of section 9 of the Act if under section 7 of the Act through the be included in the critical habitat actions occurring in these areas may

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affect the species. Federally funded or woodlands found on clay soils at locally Allium munzii permitted projects affecting listed wetter sites on level or slightly south- Based on our current knowledge of species outside their designated critical and north-facing sloping (10–20 the physical or biological features and habitat areas may still result in jeopardy degrees) areas at elevations from 1,200 habitat characteristics required to findings in some cases. These to 3,500 ft (366 to 1,067 m); (2) sustain the species’ life-history protections and conservation tools will microhabitats within areas of suitable processes, we determine that the PCEs continue to contribute to recovery of clay soils or areas of smaller discrete specific to Allium munzii are: this species. Similarly, critical habitat pockets of clay within other soil types (1) Clay soil series of sedimentary that receive or retain more moisture designations made on the basis of the origin (for example, Altamont, Auld, than surrounding areas (due to factors best available information at the time of Bosanko, Porterville), clay lenses such as exposure, slope, and subsurface designation will not control the (pockets of clay soils) of those series geology); (3) sites for reproduction that direction and substance of future that may be found as unmapped contain clay or rocky loam soils; and (4) recovery plans, habitat conservation inclusions in other soil series, or soil habitats found within native and, in plans (HCPs), or other species series of sedimentary or igneous origin some areas, nonnative plant conservation planning efforts if new with a clay subsoil (for example, communities that occur across the information available at the time of Cajalco, Las Posas, Vallecitos): Riverside-Perris area (Perris Basin these planning efforts calls for a (a) Found on level or slightly sloping physiogeographic region) and within a different outcome. landscapes or terrace escarpments; portion of the southern Santa Ana (b) Generally between the elevations Physical or Biological Features Mountains (Elsinore Peak). of 1,200 to 3,500 ft (366 to 1,067 m) In accordance with section 3(5)(A)(i) Atriplex coronata var. notatior above mean sea level; and 4(b)(2) of the Act and regulations at (c) Within intact natural surface and 50 CFR 424.12, in determining which We derive the specific physical or subsurface structures that have been areas within the geographical area biological features essential to the minimally altered or unaltered by occupied by the species at the time of conservation of Atriplex coronata var. ground-disturbing activities (for listing to designate as critical habitat, notatior from studies of this taxon’s example, disked, graded, excavated, or we consider the physical or biological habitat, ecology, and life history as recontoured); features essential to the conservation of described in the Critical Habitat section (d) Within microhabitats that receive the species and which may require of the proposed rule to revise critical or retain more moisture than special management considerations or habitat published in the Federal surrounding areas, due in part to factors protection. These include, but are not Register on April 17, 2012 (77 FR such as exposure, slope, and subsurface limited to: 23008), and in the information (1) Space for individual and presented below. Additional geology; and population growth and for normal information can be found in the final (e) Part of open native or nonnative behavior; listing rule published in the Federal grassland plant communities and clay (2) Food, water, air, light, minerals, or Register on October 13, 1998 (63 FR soil flora, including southern other nutritional or physiological 54975). needlegrass grassland, mixed grassland, requirements; We have determined that Atriplex and open coastal sage scrub, or (3) Cover or shelter; coronata var. notatior requires the occasionally in cismontane juniper (4) Sites for breeding, reproduction, or following physical or biological woodlands; or rearing (or development) of offspring; features: (1) Alkali vernal pools and (2) Outcrops of igneous rocks and floodplains that receive seasonal (pyroxenite) on rocky-sandy loam or (5) Habitats that are protected from inundation, (2) a hydrologic regime that clay soils within Riversidean sage scrub, disturbance or are representative of the includes seasonal and large-scale generally between the elevations of historical, geographical, and ecological flooding in combination with slow 1,200 to 3,500 ft (366 to 1,067 m) above distributions of a species. drainage in alkaline soils with low mean sea level. nutrient loads, and (3) natural Allium munzii Atriplex coronata var. notatior floodplain processes that provide We derive the specific physical or conditions that stimulate the Based on our current knowledge of biological features essential to the germination of A. c. var. notatior. the physical or biological features and conservation of Allium munzii from habitat characteristics required to studies of this species’ habitat, ecology, Primary Constituent Elements (PCEs) sustain the taxon’s life-history and life history as described in the Under the Act and its implementing processes, we determine that the PCEs Critical Habitat section of the proposed regulations, we are required to identify specific to Atriplex coronata var. rule to revise critical habitat published the physical or biological features notatior are: in the Federal Register on April 17, essential to the conservation of Allium (1) Wetland habitat, including 2012 (77 FR 23008), and in the munzii and Atriplex coronata var. floodplains and vernal pools: information presented below. notatior in areas within the geographical (a) Associated with native vegetation Additional information can be found in area occupied at the time of listing, communities, including alkali playa, the final listing rule published in the focusing on the features’ primary alkali scrub, and alkali grasslands; and Federal Register on October 13, 1998 constituent elements (PCEs). We (b) Characterized by seasonal (63 FR 54975). consider PCEs to be the elements of inundation or localized flooding, We have determined that Allium physical or biological features that including infrequent large-scale flood munzii requires the following physical provide for a species’ life-history events with low nutrient loads; and or biological features: (1) Native process and, under the appropriate (2) Slow-draining alkali soils perennial and annual grassland circumstances as described in the including the Willows, Domino, Traver, communities, open coastal sage or Criteria Used to Identify Critical Habitat Waukena, and Chino soil series with: Riversidean sage scrub, and section, below, are essential to the (a) Low permeability; occasionally cismontane juniper conservation of the species. (b) Low nutrient availability; and

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(c) Seasonal ponding and evaporation. disking or dryland farming to maintain (3) Reduction of land conversion to native habitats, agricultural uses and reduction of Special Management Considerations or (3) Management and control of disking and dryland farming to maintain Protection invasive nonnative plants to provide native habitats; When designating critical habitat, we open areas for growth and reproduction, (4) Land acquisition or conservation assess whether the specific areas within and easements for occurrences not already the geographical area occupied by the (4) Land acquisition or conservation conserved to protect those populations species at the time of listing contain easements for occurrences not already within occupied habitats; and physical or biological features that are conserved to protect those populations (5) Implementation of manure and essential to the conservation of the within occupied habitats. sludge dumping ordinances to maintain species and that may require special soil chemistry. Atriplex coronata var. notatior management considerations or Criteria Used To Identify Critical A detailed discussion of threats to protection. Habitat Atriplex coronata var. notatior and its Allium munzii habitat can be found in the final listing As required by section 4(b)(2) of the A detailed discussion of threats to rule (63 FR 54975; October 13, 1998), Act, we used the best scientific and Allium munzii and its habitat can be the previous proposed and final critical commercial data available to designate found in the final listing rule (63 FR habitat designations (69 FR 59844, critical habitat. We reviewed available 54975; October 13, 1998), the previous October 6, 2004; 70 FR 59952, October information pertaining to the habitat proposed and final critical habitat 13, 2005), the proposed revised rule for requirements of these taxa. In designations (69 FR 31569, June 4, 2004; designation of critical habitat (77 FR accordance with the Act and its 70 FR 33015, June 7, 2005), the A. 23008; April 17, 2012), and the A. c. var. implementing regulation at 50 CFR munzii 5-year review signed on June 17, notatior 5-year review signed on August 424.12(e), we considered whether 2009 (Service 2009), and the proposed 17, 2012 (Service 2012b). Actions and designating additional areas—outside revised rule for designation of critical development that alter habitat suitable those currently occupied as well as habitat (77 FR 23008; April 17, 2012). for A. c. var. notatior or affect the those occupied at the time of listing— Actions and development that alter natural hydrological processes upon are necessary to ensure the conservation habitat suitable for the species or affect which it depends could threaten the of the taxa. We are not designating any the natural hydrologic processes upon taxon. The physical or biological areas outside the geographical area which the species depends could features essential to the conservation of occupied by Allium munzii and Atriplex threaten the species. A. c. var. notatior may require special coronata var. notatior because we The physical or biological features management considerations or consider those areas to be of sufficient essential to the conservation of Allium protection to reduce or eliminate the quality, extent, and distribution to munzii all face ongoing threats that may following threats: provide for the conservation of these require special management (1) Loss of alkali vernal plain habitat taxa. We believe that the present quality considerations or protection. Threats (including alkali playa, alkali scrub, habitat has, by survey, the demonstrated that may require special management alkali vernal pool, alkali annual capacity to support self-sustaining considerations or protection of the grassland) and fragmentation as a result occurrences of these taxa and that these physical or biological features include: of activities such as urban development, areas containing the physical or (1) Loss or degradation of native plant manure dumping, animal grazing, biological features essential to the communities, such as grassland, open agricultural activities, ORV activity, conservation of the species are coastal sage scrub, and cismontane weed abatement, and channelization dispersed in its range in a manner that juniper woodlands, due to urban (PCEs 1 and 2); provides for the survival and recovery of development, agricultural activities, and (2) Indirect loss of habitat from the these taxa. We have designated as clay mining (PCEs 1 and 2); alteration of hydrology and floodplain critical habitat some specific areas (2) Disturbance of clay or other dynamics (diversions, channelization, within the geographical range currently occupied soils by activities such as off- excessive flooding) (PCEs 1 and 2); occupied by A. munzii, but that were road vehicles (ORV) and fire (3) Competition from nonnative plants not known to be occupied at the time of management (PCEs 1 and 2); (PCE 1); and listing. However, based on the best (3) Invasion of nonnative plant (4) Long-term threats, including water available scientific information, the life species (PCEs 1 and 2); and pollution, climatic variations, and history of the plant (see Background (4) Long-term threats including changes in soil chemistry and nutrient section of proposed revised rule; 77 FR climatic variations such as extended availability (PCE 1) (63 FR 54983, 23008, April 17, 2012), and the limited periods of drought (PCE 1) (63 FR October 13, 1998; 69 FR 59847, October survey efforts prior to listing, we 54982–54986, October 13, 1998; 69 FR 6, 2004; 70 FR 59966, October 13, 2005; determined that these specific areas are 31571, June 4, 2004; 70 FR 33023, June Service 2012b, pp. 15–30). within the geographical area occupied 7, 2005; Service 2009, pp. 10–22). Special management considerations by the species at the time of listing. Special management considerations or protection may be needed to ensure We reviewed the final critical habitat or protection may be needed to ensure the long-term existence of alluvial soil designations for Allium munzii and the long-term existence of clay soil integrity within habitats that support Atriplex coronata var. notatior (70 FR integrity within habitats that support the physical or biological features 33015, June 7, 2005; 70 FR 59952, the physical or biological features essential to the conservation of Atriplex October 13, 2005, respectively), essential to the conservation of Allium coronata var. notatior. These include: information from State, Federal, and munzii. These include: (1) Protection of habitat, including local government agencies, and from (1) Protection of habitat from urban underlying soils and chemistry, from academia and private organizations that development or destruction to maintain development or destruction; have collected scientific data on the integrity of clay soils, (2) Protection of floodplain processes taxa. We also used the information (2) Reduction of land conversion to to maintain natural, seasonal flooding provided in the 5-year reviews for A. agricultural uses and reduction of regimes; munzii and A. c. var. notatior (Service

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2009; Service 2012b). Other information communities associated with A. munzii, monitoring survey results from Western we used for the final rule includes: which includes both known and Riverside County Regional Conservation California Natural Diversity Database unknown locations of A. munzii Authority (RCA) (Western Riverside (CNDDB) (CNDDB 2011a; CNDDB populations. Based on the narrow County RCA 2006, 2007, 2008, 2009, 2011b); reports submitted during endemism of this species, its reliance on 2010, and 2011), and other surveys. consultations under section 7 of the Act; clay soil types that are limited in To identify several unit and subunit analyses for individual and regional geographic range in western Riverside boundaries for the proposed revised HCPs where A. munzii and A. c. var. County, and our estimated loss of 67 critical habitat, we consulted a species notatior are covered species; data percent of these soils to urban or expert with considerable field collected from reports submitted by agricultural development, we believe experience in surveying for Allium researchers holding recovery permits that all of the proposed units and munzii. Given the difficulty in under section 10(a)(1)(A) of the Act; subunits represent the entire current observing individual plants due to the information received from local species range for this species. timing of inflorescence, stage of growth, experts; published and unpublished The specific areas proposed as critical and large areal extent (as discussed in papers, reports, academic theses, or habitat include some areas within the the Background section of the proposed surveys; Geographic Information System present range of the species that had not revised rule; 77 FR 23008, April 17, (GIS) data (such as species population yet been identified as occupied at the 2012), Boyd (2011a, pers. comm.) and location data, soil data, land use, time of listing. We have determined that recommended expanding the area topography, aerial imagery, and these areas are within the geographical surrounding an observation of a location ownership maps); and peer review area occupied by A. munzii at the time of plants (either a group or just a few comments and other correspondence of listing based on the species life individuals) to capture additional with the Service from recognized history and habitat requirements (see individual plants that might not have experts. We analyzed this information to Background section in the proposed been observed. Based on extensive field determine the specific areas within the revised rule; 77 FR 23008, April 17, experience (approximately 30 years) geographical area occupied by the taxa 2012) and the following: (1) Locations of with A. munzii, Boyd (2011a, pers. at the time of listing that contain the plants reported or detected since listing comm.) recommended including a 100- physical or biological features essential in 1998 are in close proximity (less than m (328-ft) roughly circular area (or 50- to the conservation of A. munzii and A. 1 mi (1.5 km)) to previously known m (164-ft) radius) to define the unit or c. var. notatior. locations, and (2) of the 10 new Element subunit boundaries. Because A. munzii Occurrences (EOs) found within the is strongly associated with clay soils Allium munzii California Natural Diversity Database (which are often found as pockets of Allium munzii occurs in relatively (CNDDB) (herbarium records and survey small scattered (but discrete) clay lenses small population sizes, has a narrow reports maintained by the California that are typically too small to be geographic range (western Riverside Department of Fish and Wildlife) identified on coarse-soil soil maps (see County), and exhibits high habitat reported since early 1980s surveys by the Habitat and Soil Preferences section specificity, all of which make it Boyd (1988), 6 are within previous for A. munzii in the proposed revised vulnerable to land use changes. known occupied geographic regions of rule; 77 FR 23008, April 17, 2012)), we According to the Western Riverside the greater Perris Basin (Temescal used Boyd’s recommendation of County MSHCP, A. munzii is Canyon-Gavilan Hills/Plateau, Murrieta- expanding the boundaries of observed considered a narrow endemic plant Hot Springs areas) and the other 4 plant locations to capture unobserved species, a plant species that is highly locations were found after surveys in individuals in defining critical habitat restricted by its habitat affinities, the early 1990s within the Elsinore Peak units and subunits. Specifically, we edaphic requirements, or other (Santa Ana Mountains) and Domenigoni used the Soil Conservation Service (now ecological factors (Dudek and Associates Hills regions. Additionally, we believe Natural Resources Conservation Service) 2003, pp. Def/Acr-ix and 6–28). Based this currently occupied habitat was soil mapping unit (2.47 ac or 1 ha) to on examination of soil maps for western occupied at the time of listing given the refine Boyd’s recommended radius of Riverside County, Boyd (1988, p. 2) species’ naturally discontinuous 164 to 183 ft (50 to 56 m). The 183-ft concluded that much of the scattered distribution and occupation of (56-m) radial distance translates into a clay soil areas in the Riverside-Perris microhabitats; the difficulty of 2.43-ac (0.98-ha) area, which is area were heavily disturbed and accurately surveying for individual approximately equal to the soil mapping estimated up to an 80 to 90 percent loss plants given the dormant (underground) unit of 2.47 ac (1 ha). This methodology of potential A. munzii habitat in 1988. phase of its life cycle prior to detection; accounts for both potentially We conducted a spatial analysis using and its restriction to small areas of clay unobserved plants associated with a GIS-based approach to determine the soils in western Riverside County CNDDB-defined EOs in areas of clay or percent of mapped clay soils (Altamont, within the proposed units and subunits. rocky-sandy loam soils as well as Auld, Bosanko, Porterville) that were For defining critical habitat units, we encompassing the unmapped pockets of converted or lost to agricultural or urban looked at elevation (1,200 to 3,500 ft clay soil. In conjunction with the land uses in the Riverside-Perris area (366 to 1,067 m) above mean sea level reported EOs, survey reports, and aerial (based on 2007 land use GIS data). This (AMSL)), soil types (primarily clay photographs, this approach represents is a conservative approach given that soils), spatial distribution of 17 CNDDB- the best available information regarding smaller pockets of clay soils are not defined EOs from CNDDB (CNDDB areas currently occupied by A. munzii shown on coarse-scale soil maps and 2011a), 1 location identified by that contain the physical or biological may have been lost since the completion Ellstrand not included in the CNDDB features essential to the conservation of of the Riverside County soil map in database (Ellstrand 1993, 1994) the species and therefore accurately 1971. We estimated that approximately (proposed EO 24, as mentioned in the defines the unit and subunit polygons. 32 percent of these clay soils remain Spatial Distribution, Historical Range, The following sources were used to within suitable Allium munzii habitats and Population Size section for Allium define microhabitats (i.e., depressional (or a 67 percent loss) due to urban and munzii in the proposed revised rule; 77 areas that retain moisture) for Allium agricultural development on plant FR 23008, April 17, 2012), rare plant munzii, which included using

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underlying geology, slope, and aspect of based on the geographic locations of structures, including related hillsides within open areas of native observed plants. infrastructure, because such lands lack and nonnative plant communities: All of the proposed units are within physical or biological features for (1) For evaluating microtopography, the geographical area occupied by Allium munzii and Atriplex coronata including slope, aspect, and elevation, Atriplex coronata var. notatior at the var. notatior. The scale of the maps we we used: (a) Digital elevation model time of listing. These units contain the prepared under the parameters for (DEM) data from U.S. Geological physical or biological features that are publication within the Code of Federal Survey’s (USGS) EROS Data Center, and essential to the conservation of this Regulations may not reflect the (b) USGS 1:24,000 digital raster graphics taxon and may require special exclusion of such developed lands. Any (USGS topographic maps). management considerations or such lands inadvertently left inside (2) For evaluating vegetative protection. critical habitat boundaries shown on the communities, spatial arrangement of Atriplex coronata var. notatior was maps of this final rule have been these communities, and presence of described in our 1998 listing rule within excluded by text in the rule and are not disturbance or development, we used: three geographical areas in western designated as critical habitat. Therefore, (a) U.S. Department of Agriculture Riverside County (63 FR 54975; October a Federal action involving these lands (USDA) National Agriculture Imagery 13, 1998). All three proposed units are will not trigger section 7 consultation Program (NAIP) aerial photography for within the geographical area occupied with respect to critical habitat and the 2010, and (b) ArcGIS online I3 Imagery by the taxon at the time of listing. This requirement of no adverse modification Prime World 2D, validating conclusions range includes records of 15 EOs now unless the specific action would affect made from examining these two satellite recorded in the CNDDB database the physical or biological features in the imagery data layers using high (CNDDB 2011b) and other survey data. adjacent critical habitat. resolution Google Earth imagery. To define critical habitat units, we The critical habitat designation is (3) For subsurface geology, we used examined the following information: defined by the map or maps, as (1) Slow-draining alkali soils the USGS (2004) GIS layer of the modified by any accompanying (Willows, Domino, Traver, Waukena, Preliminary Digital Geologic Map of the regulatory text, presented at the end of and Chino soil series) with low Santa Ana, 1:100,000 quadrangle. this document in the Regulation permeability. Promulgation section. We include more We acknowledge that the extent of the (2) Seasonal and large-scale flood geographic areas surveyed and the detailed information on the boundaries events (or ponded water) and of the critical habitat designation in the survey methodologies may differ within subsequent scouring to create bare soils, and among the recorded plant locations preamble of this rule. We will make the as illustrated in historical aerial coordinates or plot points or both on from year to year (see discussion photographs. regarding the detectability of this which each map is based available to (3) Spatial distribution of the EOs the public on http:// species in the Background section of the recorded in the CNDDB database proposed revised rule; 77 FR 23008, www.regulations.gov at Docket No. (CNDDB 2011b). FWS–R8–ES–2012–0008, on our April 17, 2012). Based on the above GIS (4) Plant monitoring survey results Internet sites http://www.fws.gov/ analysis, the 5 units, three of which we from Western Riverside County RCA carlsbad/, and at the field office divided into 13 subunits, that we (2007, 2008, 2009, 2010, and 2011) and responsible for the designation (see FOR proposed as critical habitat for Allium other surveys. FURTHER INFORMATION CONTACT, munzii were the following: (1) Gavilan We recognize that the geographic above). Because the Secretary is exercising his Hills (6 subunits), (2) Temescal Valley extent surveyed and survey discretion to exclude all areas proposed (4 subunits), (3) Elsinore Peak, (4) South methodologies may differ within and as critical habitat for Atriplex coronata Perris and Bachelor Mountain (3 among the locations of individual or var. notatior, we are not designating subunits), and (5) North Domenigoni groups of plants from year to year (see critical habitat for that taxon. We are Hills (detailed descriptions for these discussion regarding the detectability of designating as critical habitat for Allium proposed units and subunits can be this species in Background section in munzii lands that we have determined found in the proposed revised rule; 77 the proposed revised rule; 77 FR 23008, are within the geographical area FR 23008, April 17, 2012). All of the April 17, 2012). Based on the above occupied at the time of listing, are proposed units and subunits are within analysis we defined the following three currently occupied, and contain the the present geographical range of the proposed units for Atriplex coronata physical or biological features essential species and are currently occupied. var. notatior: (1) Floodplain of the San to the conservation of A. munzii that Jacinto River from the San Jacinto Atriplex coronata var. notatior support the species’ life-history Wildlife Area (including Mystic Lake) to processes and may require special Atriplex coronata var. notatior is Railroad Canyon Reservoir, (2) Upper management considerations or endemic to the San Jacinto, Perris, Salt Creek, and (3) Alberhill Creek protection. Menifee, and Elsinore Valleys of (detailed descriptions for these The unit described below contains all western lowland Riverside County, and proposed units can be found in the of the identified elements of the is restricted to highly alkaline, silty-clay proposed revised rule; 77 FR 23008, physical or biological features and soils (59 FR 64813; December 15, 1994). April 17, 2012). All units are within the supports the life processes for Allium At the time of listing, 12 populations of present geographical range of the taxon munzii. A. c. var. notatior were known and are currently occupied. (corresponding to the CNDDB EOs at the Final Critical Habitat Designation time), 11 of which were associated with Other Factors Involved With Delineating two general locations (the San Jacinto Critical Habitat Allium munzii and Old Salt Creek floodplains). We When determining critical habitat We are designating one unit as critical grouped the 12 CNDDB EOs and results boundaries within this final rule, we habitat for Allium munzii. This one unit from other surveys into four general made every effort to avoid including is the Elsinore Peak Unit (identified as locations and developed boundaries and developed areas such as lands covered ‘‘Unit 3—Elsinore Peak’’ in the proposed three critical habitat units by buildings, pavement, and other proposed rule). The approximate area of

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this critical habitat unit is shown in Unit 2—Temescal Valley, Unit 4—South Riverside County MSHCP, the Rancho Table 1. As discussed below in the Perris and Bachelor Mountain, and Unit Bella Vista HCP, or the Southwestern Exclusions Based on Other Relevant 5—North Domenigoni Hills and their Riverside Multi-species Reserve Impacts section, we have determined subunits, the benefits of exclusion Cooperative Management Agreement. that, for the lands proposed as revised outweigh the benefits of inclusion critical habitat in Unit 1—Gavilan Hills, within areas covered under the Western

TABLE 1—DESIGNATED CRITICAL HABITAT UNITS FOR ALLIUM MUNZII [Area estimates reflect all land within critical habitat unit boundaries.]

Land ownership in acres (hectares) Critical habitat unit Size of unit in acres Federal State (hectares)

Elsinore Peak Unit ...... 63.1 ac (25.5 ha) ...... 35.3 ac (14.3 ha) ...... 98.4 ac (39.8 ha)

Total ...... 98.4 ac (39.8 ha) 98.4 ac (39.8 ha)

We present a brief description of this physical or biological features essential population of A. munzii plants located unit and the reasons why it meets the to the conservation of A. munzii. on U.S. Forest Service land within this definition of critical habitat for Allium The U.S. Forest Service and the State critical habitat unit (M. Thomas 2011, munzii below. Lands Commission are not permittees pers. comm.). In addition to the above under the Western Riverside County activities, wildfire protection, including Elsinore Peak Unit MSHCP. As only discretionary actions the use of fire retardant, may also Elsinore Peak Unit consists of 98.4 ac under the control of a permittee are impact the physical or biological features essential to the conservation of (39.8 ha). About two-thirds (63.1 ac covered activities under the Western A. munzii. Therefore, the essential (25.5 ha)) of the Elsinore Peak unit is Riverside County MSHCP, land use activities implemented by these two physical or biological features on the contained within the Cleveland entities are not considered covered Forest Service lands within this unit National Forest, and one-third is a 35.3- activities under the plan. In addition, may require special management ac (14.3-ha) inholding under State of the lands owned and managed by the considerations or protection. For the California (State Lands Commission) State Lands Commission within this portion of the unit located on lands ownership within the Western Riverside critical habitat unit are not included as managed by the State Lands County MSHCP Conservation Area. The part of the conceptual reserve design of Commission, the essential physical or Elsinore Peak Unit represents the most the Western Riverside County MSHCP, biological features may require special southwestern extent of the range of nor are these considered PQP lands. management considerations or Allium munzii and is the highest As outlined in the Special protection to address threats to A. recorded elevation (3,300 to 3,500 ft Management Considerations or munzii resulting from ORV activity or (1,006 to 1,067 m)) for this species Protection section above, several threats invasive, nonnative annual grasses (Boyd and Mistretta 1991, p. 3). Many have been identified for Allium munzii. (CNDDB 2011a, p. 14). We are unaware of the locations of A. munzii found on For A. munzii populations within of any current conservation actions the Cleveland National Forest portion of Elsinore Peak Unit, threats identified at being implemented for the benefit of A. this unit have been described as the the time of listing included road munzii populations found on lands least disturbed of known locations grading, ORV activity, and nonnative owned and managed by the State Lands (Boyd and Mistretta 1991, p. 3), and are annual grasses (63 FR 54987; October Commission within this critical habitat also unusual in that they are found on 13, 1998). Recreational activity and unit. cobble deposits with thinner Bosanko invasive species were identified as the Atriplex coronata var. notatior clay soils (PCE 2) (Boyd and Mistretta two main threats to A. munzii on U.S. 1991, p. 3). In 1991, Boyd and Mistretta Forest Service land in the 2005 Final We are not designating any critical (1991, p. 2) reported three stands of A. Environmental Impact Statement habitat for Atriplex coronata var. munzii at Elsinore Peak, each with more prepared for the Cleveland National notatior. All areas proposed as revised than 1,000 individual plants, the largest Forest Land Management Plan (U.S. critical habitat in Unit 1—San Jacinto estimated at 5,000 plants. Nine localities Forest Service (USFS) 2005, p. 160). A River, Unit 2—Upper Salt Creek, and were observed in a 2008 survey, with species management guide for A. Unit 3—Alberhill Creek (8,020 ac (3,246 populations ranging from 5 to 100 munzii, completed in 1992, identified a ha)) are being excluded from plants (K. Drennen 2011, pers. comm.). number of management actions to help designation. As discussed below in the A 2010 survey at Elsinore Peak was alleviate these threats, including Exclusions Based on Other Relevant conducted by Boyd (2011b, pers. construction of fencing and barriers to Impacts section, we have determined comm.) with approximately 23 general protect populations from ORV activity that, for these lands, the benefits of point localities recorded on lands (Winter 1992, p. 10). Fencing, including exclusion outweigh the benefits of owned and managed by both the U.S. a gate, was installed to protect plant inclusion within areas covered under Forest Service and the State Lands populations, and boulders were placed the Western Riverside County MSHCP. Commission. The Elsinore Peak Unit is along the roadway leading to Elsinore Effects of Critical Habitat Designation within the geographical area occupied at Peak to restrict ORV activity and other the time of listing. The subsurface and traffic (hikers and mountain bikers) in Section 7 Consultation surface elements that define this sensitive areas. This has reduced, but Section 7(a)(2) of the Act requires subunit, including clay soils, sloping not eliminated, the impacts from ORV Federal agencies, including the Service, hillsides, and microhabitats, provide the and other recreational activities to the to ensure that any action they fund,

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authorize, or carry out is not likely to adversely affect, listed species or critical discussed above, the role of critical jeopardize the continued existence of habitat. habitat is to support life-history needs of any endangered species or threatened When we issue a biological opinion the species and provide for the species or result in the adverse concluding that a project is likely to conservation of the species. modification of designated critical jeopardize the continued existence of a Section 4(b)(8) of the Act requires us habitat of such species. In addition, listed species and/or adversely modify to briefly evaluate and describe, in any section 7(a)(4) of the Act requires critical habitat, we provide reasonable proposed or final regulation that Federal agencies to confer with the and prudent alternatives to the project, designates critical habitat, activities Service on any agency action which is if any are identifiable, that would avoid involving a Federal action that may likely to jeopardize the continued the likelihood of jeopardy and/or adversely modify such habitat, or that existence of any species proposed to be adverse modification of critical habitat. may be affected by such designation. listed under the Act or result in the We define ‘‘reasonable and prudent Activities that may affect critical adverse modification of proposed alternatives’’ (at 50 CFR 402.02) as habitat, when carried out, funded, or critical habitat. alternative actions identified during authorized by a Federal agency, should Decisions by the 5th and 9th Circuit consultation that: result in consultation for Allium munzii. (1) Can be implemented in a manner Courts of Appeals have invalidated our These activities include, but are not consistent with the intended purpose of regulatory definition of ‘‘destruction or limited to: the action, adverse modification’’ (50 CFR 402.02) (1) Actions that would disturb or alter (see Gifford Pinchot Task Force v. U.S. (2) Can be implemented consistent with the scope of the Federal agency’s clay soils. Such activities could include, Fish and Wildlife Service, 378 F. 3d but are not limited to, recreational or 1059 (9th Cir. 2004) and Sierra Club v. legal authority and jurisdiction, (3) Are economically and other ORV use; fire management, U.S. Fish and Wildlife Service et al., 245 including clearing of vegetation for fuel F.3d 434, 442 (5th Cir. 2001)), and we technologically feasible, and (4) Would, in the Director’s opinion, management; and fire retardant use on do not rely on this regulatory definition avoid the likelihood of jeopardizing the U.S. Forest Service lands. These actions when analyzing whether an action is continued existence of the listed species could degrade or reduce habitat likely to adversely modify critical and/or avoid the likelihood of adversely necessary for the growth and habitat. Under the statutory provisions modifying critical habitat. reproduction of Allium munzii. of the Act, we determine adverse Reasonable and prudent alternatives (2) Actions that would result in the modification on the basis of whether, can vary from slight project loss of clay soils. Such activities could with implementation of the proposed modifications to extensive redesign or include, but are not limited to, Federal action, the affected critical relocation of the project. Costs development, including structures and habitat would continue to serve its associated with implementing a related infrastructure (such as roads), intended conservation role for the reasonable and prudent alternative are that require a permit under section 404 species. similarly variable. of the Clean Water Act (CWA; 33 U.S.C. If a Federal action may affect a listed Regulations at 50 CFR 402.16 require 1251 et seq.). These actions could species or its critical habitat, the Federal agencies to reinitiate reduce or eliminate habitat necessary for responsible Federal agency (action consultation on previously reviewed the growth and reproduction of Allium agency) must enter into consultation actions in instances where we have munzii. with us. Examples of actions that are listed a new species or subsequently subject to the section 7 consultation (3) Actions that would significantly designated critical habitat that may be alter water movement within process are actions on State, tribal, affected and the Federal agency has local, or private lands that require a microhabitats of clay or rocky-sandy retained discretionary involvement or loam soils. Such activities could Federal permit (such as a permit from control over the action (or the agency’s the U.S. Army Corps of Engineers under include, but are not limited to, federally discretionary involvement or control is funded road construction that results in section 404 of the Clean Water Act (33 authorized by law). Consequently, U.S.C. 1251 et seq.) or a permit from the channelization or impoundment of Federal agencies sometimes may need to water. These actions may lead to Service under section 10 of the Act) or request reinitiation of consultation with that involve some other Federal action changes in water flows that could us on actions for which formal degrade or eliminate habitat necessary (such as funding from the Federal consultation has been completed, if Highway Administration, Federal for the growth and reproduction of those actions with discretionary Allium munzii. Aviation Administration, or the Federal involvement or control may affect Emergency Management Agency). subsequently listed species or Exemptions Federal actions not affecting listed designated critical habitat. species or critical habitat, and actions Application of Section 4(a)(3) of the Act on State, tribal, local, or private lands Application of the ‘‘Adverse The Sikes Act Improvement Act of that are not federally funded or Modification’’ Standard 1997 (Sikes Act) (16 U.S.C. 670a) authorized, do not require section 7 The key factor related to the adverse required each military installation that consultation. modification determination is whether, includes land and water suitable for the As a result of section 7 consultation, with implementation of the proposed conservation and management of we document compliance with the Federal action, the affected critical natural resources to complete an requirements of section 7(a)(2) through habitat would continue to serve its integrated natural resources our issuance of: intended conservation role for the management plan (INRMP) by (1) A concurrence letter for Federal species. Activities that may adversely November 17, 2001. An INRMP actions that may affect, but are not modify critical habitat include those integrates implementation of the likely to adversely affect, listed species that alter the physical or biological military mission of the installation with or critical habitat; or features to an extent that appreciably stewardship of the natural resources (2) A biological opinion for Federal reduces the conservation value of found on the base. Each INRMP actions that may affect, or are likely to critical habitat for Allium munzii. As includes:

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(1) An assessment of the ecological of the critical habitat, unless he nexus would be the issuance of a needs on the installation, including the determines, based on the best scientific section 404 permit under the CWA. need to provide for the conservation of data available, that the failure to When we evaluate the existence of a listed species; designate such area as critical habitat conservation plan when considering the (2) A statement of goals and priorities; will result in the extinction of the benefits of exclusion, we consider a (3) A detailed description of species. In making that determination, variety of factors, including but not management actions to be implemented the statute on its face, as well as the to provide for these ecological needs; limited to, whether the plan is finalized, legislative history, are clear that the how the plan provides for the and Secretary has broad discretion regarding conservation of the essential physical or (4) A monitoring and adaptive which factor(s) to use and how much biological features, whether there is a management plan. weight to give to any factor. Among other things, each INRMP In considering whether to exclude a reasonable expectation that the must, to the extent appropriate and particular area from the designation, we conservation management strategies and applicable, provide for fish and wildlife identify the benefits of including the actions contained in a management plan management; fish and wildlife habitat area in the designation, identify the will be implemented into the future, enhancement or modification; wetland benefits of excluding the area from the whether the conservation strategies in protection, enhancement, and designation, and evaluate whether the the plan are likely to be effective, and restoration where necessary to support benefits of exclusion outweigh the whether the plan contains a monitoring fish and wildlife; and enforcement of benefits of inclusion. If the analysis program or adaptive management to applicable natural resource laws. indicates that the benefits of exclusion ensure that the conservation measures The National Defense Authorization outweigh the benefits of inclusion, the are effective and can be adapted in the Act for Fiscal Year 2004 (Pub. L. 108– Secretary may exercise his discretion to future in response to new information. 136) amended the Act to limit areas exclude the area only if such exclusion After identifying the benefits of eligible for designation as critical would not result in the extinction of the inclusion and the benefits of exclusion, habitat. Specifically, section 4(a)(3)(B)(i) species. we carefully weigh the two sides to of the Act (16 U.S.C. 1533(a)(3)(B)(i)) When identifying the benefits of evaluate whether the benefits of now provides: ‘‘The Secretary shall not inclusion for an area, we consider the exclusion outweigh those of inclusion. designate as critical habitat any lands or additional regulatory benefits that area If our analysis indicates that the benefits other geographical areas owned or would receive from the protection from of exclusion outweigh the benefits of controlled by the Department of adverse modification as a result of inclusion, we then determine whether Defense, or designated for its use, that actions with a Federal nexus, the are subject to an integrated natural exclusion would result in extinction. If educational benefits of mapping exclusion of an area from critical habitat resources management plan prepared essential habitat for recovery of the under section 101 of the Sikes Act (16 will result in extinction, the Secretary listed species, and any benefits that may will not exclude it from the designation. U.S.C. 670a), if the Secretary determines result from a designation due to State or in writing that such plan provides a Federal laws that may apply to critical Allium munzii benefit to the species for which critical habitat. habitat is proposed for designation.’’ When identifying the benefits of Based on the information provided by There are no Department of Defense exclusion, we consider, among other entities seeking exclusion, as well as lands with a completed INRMP within things, whether exclusion of a specific any additional public comments we the proposed revised critical habitat area is likely to result in conservation; received, we evaluated whether certain designations. Therefore, we are not the continuation, strengthening, or lands in the proposed critical habitat exempting lands from this final encouragement of partnerships; or units (Unit 1—Gavilan Hills, Unit 2— designation of critical habitat for Allium implementation of a management plan Temescal Valley, Unit 3—Elsinore Peak, munzii and Atriplex coronata var. that provides equal to or more Unit 4—South Perris and Bachelor notatior pursuant to section 4(a)(3)(B)(i) conservation than a critical habitat Mountain, and Unit 5—North of the Act. designation would provide. Domenigoni Hills) and their subunits Exclusions In the case of Allium munzii and were appropriate for exclusion from this Atriplex coronata var. notatior, the final designation pursuant to section Application of Section 4(b)(2) of the Act benefits of critical habitat include 4(b)(2) of the Act. The Secretary is Section 4(b)(2) of the Act states that public awareness of the two taxa’s exercising his discretion to exclude the the Secretary shall designate and make presence and the importance of habitat following areas from critical habitat revisions to critical habitat on the basis protection, and in cases where a Federal designation for Allium munzii: Unit 1— of the best available scientific data after nexus exists, increased habitat Gavilan Hills, Unit 2—Temescal Valley, taking into consideration the economic protection for A. munzii and A. c. var. Unit 4—South Perris and Bachelor impact, national security impact, and notatior due to the protection from Mountain, and Unit 5— North any other relevant impact of specifying adverse modification of critical habitat. Domenigoni Hills. Table 2 below any particular area as critical habitat. In practice, a Federal nexus exists only provides approximate areas (ac, ha) of The Secretary may exclude an area from on Federal land or for projects lands that meet the definition of critical critical habitat if he determines that the undertaken, funded, or requiring habitat and those that are being benefits of such exclusion outweigh the authorization by a Federal agency. For excluded under section 4(b)(2) of the benefits of specifying such area as part these two taxa, the most likely Federal Act from the final critical habitat rule.

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TABLE 2—AREAS MEETING THE DEFINITION OF CRITICAL HABITAT, AND AREAS EXCLUDED FROM ALLIUM MUNZII CRITICAL HABITAT DESIGNATION BY UNIT AND SUBUNIT

Areas meeting the Areas excluded definition of critical from critical Unit and subunit Applicable partnership or conservation plan habitat, in acres habitat, in acres (hectares) (hectares)

Unit 1. Gavilan Hills ...... 114.7 ac 114.7 ac (46.4 ha) (46.4 ha) 1A. Estelle Mountain ...... Western Riverside County MSHCP ...... 2.8 ac 2.8 ac (1.1 ha) (1.1 ha) 1B. Dawson Canyon ...... Western Riverside County MSHCP ...... 4.8 ac 4.8 ac (1.9 ha) (1.9 ha) 1C. Gavilan Plateau ...... Western Riverside County MSHCP ...... 42.2 ac 42.2 ac (17.1 ha) (17.1 ha) 1D. Ida-Leona ...... Western Riverside County MSHCP ...... 4.5 ac 4.5 ac (1.8 ha) (1.8 ha) 1E. Northeast Alberhill ...... Western Riverside County MSHCP ...... 58 ac 58 ac (23.5 ha) (23.5 ha) 1F. North Peak ...... Western Riverside County MSHCP ...... 2.4 ac 2.4 ac (1.0 ha) (1.0 ha) Unit 2. Temescal Valley ...... 481 ac 481 ac (195 ha) (195 ha) 2A. Sycamore Creek ...... Western Riverside County MSHCP ...... 12.3 ac 12.3 ac (5.0 ha) (5.0 ha) 2B. De Palma Road ...... Western Riverside County MSHCP ...... 12.8 ac 12.8 ac (5.2 ha) (5.2 ha) 2C. Alberhill Mountain ...... Western Riverside County MSHCP ...... 300.5 ac 300.5 ac (121.5 ha) (121.5 ha) 2D. Alberhill Creek ...... Western Riverside County MSHCP ...... 155.4 ac 155.4 ac (62.8 ha) (62.8 ha) Unit 3. Elsinore Peak ...... 98.4 ac (39.8 ha) Unit 4. South Perris and Bachelor Mountain ...... 186.8 ac 186.8 ac (75.6 ha) (75.6 ha) 4A. Scott Road ...... Western Riverside County MSHCP ...... 32.6 ac 32.6 ac (13.3 ha) (13.3 ha) 4B. Skunk Hollow ...... Rancho Bella Vista HCP; ...... 67.1 ac 67.1 ac (27.2 ha) (27.2 ha) Western Riverside County MSHCP ...... 7.7 acres 7.7 ac (3.1 ha) (3.1 ha) 4C. Bachelor Mountain ...... Southwestern Riverside County Multi-species Re- 79.3 ac 79.3 ac serve. (32.1 ha) (32.1 ha) Unit 5. North Domenigoni Hills ...... Southwestern Riverside County Multi-species Re- 8.2 ac 8.2 ac serve. (3.3 ha) (3.3 ha)

Total ...... 889 ac 790 ac (360 ha) (320 ha) Note: Area sizes may not sum due to rounding.

Atriplex coronata var. notatior 2—Upper Salt Creek, and Unit 3— San Jacinto River, Unit 2—Upper Salt Alberhill Creek, were appropriate for Creek, and Unit 3—Alberhill Creek. Based on the information provided by exclusion from this final designation Table 3 below provides approximate entities seeking exclusion, as well as pursuant to section 4(b)(2) of the Act. areas (ac, ha) of lands that meet the any additional public comments we The Secretary is exercising his definition of critical habitat but are received, we evaluated whether certain discretion to exclude the following areas being excluded under section 4(b)(2) of lands in the proposed critical habitat from critical habitat designation for the Act from the final critical habitat units, Unit 1—San Jacinto River, Unit Atriplex coronata var. notatior: Unit 1— rule.

TABLE 3—AREAS MEETING THE DEFINITION OF CRITICAL HABITAT AND EXCLUDED FROM ATRIPLEX CORONATA VAR. NOTATIOR CRITICAL HABITAT DESIGNATION BY UNIT

Areas meeting the Areas excluded definition of critical from critical Unit Applicable partnership or conservation plan habitat, in acres habitat, in acres (hectares) (hectares)

Unit 1. San Jacinto River ...... Western Riverside County MSHCP ...... 7,039 ac 7,039 ac (2,849 ha) (2,849 ha) Unit 2. Upper Salt Creek ...... Western Riverside County MSHCP ...... 874 ac 874 ac (354 ha) (354 ha)

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TABLE 3—AREAS MEETING THE DEFINITION OF CRITICAL HABITAT AND EXCLUDED FROM ATRIPLEX CORONATA VAR. NOTATIOR CRITICAL HABITAT DESIGNATION BY UNIT—Continued

Areas meeting the Areas excluded definition of critical from critical Unit Applicable partnership or conservation plan habitat, in acres habitat, in acres (hectares) (hectares)

Unit 3. Alberhill Creek ...... Western Riverside County MSHCP ...... 107 ac 107 ac (43 ha) (43 ha)

Total ...... 8,020 ac 8,020 ac (3,246 ha) (3,246 ha)

Exclusions Based on Economic Impacts baseline and incremental impacts likely estimated to be $25,000 assuming a 7 Under section 4(b)(2) of the Act, we to occur with the designation of critical percent discount rate ($28,000 assuming consider the economic impacts of habitat. a 3 percent discount rate). For the areas specifying any particular area as critical The FEA also addresses how potential being excluded from critical habitat for habitat. In order to consider economic economic impacts are likely to be A. munzii, present value impacts are impacts, we prepared a DEA of the distributed, including an assessment of $51,000 assuming a 7 percent discount proposed critical habitat designation any local or regional impacts of habitat rate ($53,000 assuming a 3 percent (Industrial Economics, Incorporated conservation and the potential effects of discount rate) (IEC 2012b, ES–9). [IEC] 2012a). The draft analysis, dated conservation activities on government Total present value incremental August 3, 2012, was made available for agencies, private businesses, and impacts in those areas being excluded public review from September 11, 2012, individuals. The FEA measures lost from critical habitat for Atriplex through October 11, 2012 (77 FR 55788; economic efficiency associated with coronata var. notatior are estimated to September 11, 2012). Following the residential and commercial be $74,000, assuming a 7 percent close of the comment period, a final development and public projects and discount rate ($97,000 assuming a 3 analysis (dated December 12, 2012) of activities, such as economic impacts on percent discount rate (IEC 2012b, p. ES– the potential economic effects of the water management and transportation 9). For both plants, all incremental costs are administrative in nature and result designation was developed taking into projects, Federal lands, small entities, from the consideration of adverse consideration the public comments and and the energy industry. Decision- modification in section 7 consultations any new information (IEC 2012b). makers can use this information to The intent of the final economic assess whether the effects of the and re-initiation of consultations for analysis (FEA) is to evaluate the designation might unduly burden a existing management plans (IEC 2012b, potential economic impacts associated particular group or economic sector. p. 4–2). No areas are being excluded based on with the designation of critical habitat Finally, the FEA looks retrospectively at economic impacts. A copy of the FEA for Allium munzii and Atriplex coronata costs that have been incurred since 1998 with supporting documents may be var. notatior. The economic impact of (63 FR 54975; October 13, 1998), and obtained by contacting the Carlsbad the final critical habitat designation is considers those costs that may occur in Fish and Wildlife Office (see analyzed by comparing scenarios both the 20 years following the designation of ADDRESSES) or by downloading from the critical habitat, which was determined ‘‘with critical habitat’’ and ‘‘without Internet at http://www.fws.gov/carlsbad to be the appropriate period for analysis critical habitat.’’ The ‘‘without critical or http://www.regulations.gov. habitat’’ scenario represents the baseline because this time frame includes for the analysis, considering protections activities that are currently authorized, Exclusions Based on National Security already in place for the taxa (for permitted, or funded, or for which Impacts example, under the Federal listing and proposed plans are currently available Under section 4(b)(2) of the Act, we other Federal, State, and local to the public. The FEA quantifies and consider whether there are lands owned regulations). The baseline, therefore, evaluates the incremental economic or managed by the Department of represents the costs incurred regardless impacts of Allium munzii and Atriplex Defense (DOD) where a national security of whether critical habitat is designated. coronata var. notatior conservation impact might exist. In preparing this The ‘‘with critical habitat’’ scenario efforts associated with the following final rule, we have determined that the describes the incremental impacts categories of activity: (1) Development, lands within the designation of critical associated specifically with the (2) agricultural operations, (3) habitat for Allium munzii and Atriplex designation of critical habitat for the transportation, (4) fire management, (5) coronata var. notatior are not owned or taxa. The incremental conservation mining, (6) recreational activities, (7) managed by the Department of Defense, efforts and associated impacts are those flood control, and (8) utilities. and, therefore, we anticipate no impact not expected to occur absent the Total present value impacts on national security. Consequently, the designation of critical habitat for the anticipated to result from the Secretary is not exercising his discretion taxa. In other words, the incremental designation of all areas proposed as to exclude any areas from this final costs are those attributable solely to the critical habitat for Allium munzii are designation based on impacts on designation of critical habitat above and $75,000 over the first 20 years following national security. beyond the baseline costs; these are the the designation, assuming a 7 percent costs we consider in the final discount rate ($81,000 assuming a 3 Exclusions Based on Other Relevant designation of critical habitat. The percent discount rate). The total present Impacts analysis looks retrospectively at value impacts anticipated to result from Under section 4(b)(2) of the Act, we baseline impacts incurred since these the designation of the Elsinore Peak consider any other relevant impacts, in taxa were listed, and forecasts both Unit (Unit 3 in the proposed rule) are addition to economic impacts and

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impacts on national security. We designed to minimize and mitigate the biological values identified in section consider a number of factors including expected loss of habitat and associated 3.2 of the plan (Dudek and Associates whether the landowners have developed incidental take of covered species 2003, p. 5–3). Management actions are any HCPs or other management plans resulting from covered development defined at two levels within the Western for the area, or whether there are activities in the plan area. The Western Riverside County MSHCP—habitat- or conservation partnerships that would be Riverside County MSHCP addresses 146 landscape-based management activities encouraged by designation of, or listed and unlisted ‘‘covered species,’’ and species-specific management exclusion from, critical habitat. In including Allium munzii and Atriplex activities (Dudek and Associates 2003, addition, we look at any tribal issues, coronata var. notatior, which are further p. 5–3). Species-specific management and consider the government-to- considered as ‘‘Covered Species activities defined for Allium munzii government relationship of the United Adequately Conserved’’; that is, those state that reserve managers are to States with tribal entities. We also where the species objectives are met and manage known and future occurrences consider any social impacts that might are provided take authorization through of this species to reduce threats related occur because of the designation. the Natural Community Conservation to competition with nonnative plant Planning (NCCP) Permit (Dudek and Land and Resource Management Plans, species, clay mining, off-road vehicle Associates 2003, Section 9.2 and Table use, and discing activities (Dudek and Conservation Plans, or Agreements 9–3). On June 22, 2004, the Service Based on Conservation Partnerships Associates 2003, p. 5–31). For Atriplex issued a single incidental take permit coronata var. notatior, the Western As described below, we have under section 10(a)(1)(B) of the Act to Riverside County MSHCP management evaluated the management and 22 permittees under the Western actions include: (1) General protection provided by the Western Riverside County MSHCP to be in effect Management Measure 4 (maintenance Riverside County MSHCP, the Rancho for a period of 75 years (Service 2004). and management of wetland habitat Bella Vista HCP, and the Southwestern In accordance with the procedure (Dudek and Associates 2003, p. 5–5)) Riverside County Multi-species Reserve described in the Western Riverside and (2) a requirement for reserve Cooperative Management Agreement. County MSHCP Implementing managers to ensure that habitat supports These plans: Agreement (IA), the permit has been [conservation] functions within the (1) Are complete and provide the amended to add two newly incorporated Western Riverside County MSHCP same or better level of protection from cities (Jurupa Valley and Eastvale) Conservation Area by maintaining and adverse modification of Allium munzii within the Western Riverside County enhancing the floodplain processes of and Atriplex coronata var. notatior MSCHP boundary, for a current total of the San Jacinto River, Mystic Lake, and habitat than that provided through a 24 permittees. upper Salt Creek, including intermittent consultation under section 7 of the Act; The Western Riverside County flooding and periodic pooling, with (2) Support a reasonable expectation MSHCP, when fully implemented, will particular emphasis to preventing that the conservation management establish approximately 153,000 ac alteration of hydrology and floodplain strategies and actions will be (61,917 ha) of new conservation lands dynamics, farming, fire and fire implemented for the foreseeable future, (Additional Reserve Lands (ARL)) to suppression activities, off-road vehicle based on past practices, written complement the approximate 347,000 ac use, and competition from nonnative guidance, or regulations; and (140,426 ha) of preexisting natural and plant species (Dudek and Associates (3) Provide conservation strategies open space areas (PQP lands) in the 2003, p. 5–32). and measures consistent with currently plan area. These PQP lands include Species-specific conservation accepted principles of conservation those under the ownership of public objectives are defined for Allium munzii biology. agencies, primarily the U.S. Forest and Atriplex coronata var. notatior in The Secretary is exercising his Service and the Bureau of Land the Western Riverside County MSHCP. discretion to exclude all permittee- Management (BLM), as well as Conservation objectives for A. munzii owned or controlled lands proposed as permittee-owned or controlled open- include: critical habitat for the two taxa that fall space areas managed by the State of within the boundaries of the Western California and Riverside County. (1) Conserve at least 21,260 ac (8,603 Riverside County MSHCP and the Collectively, the ARL and PQP lands ha) of suitable habitat to include at least Rancho Bella Vista HCP, and all non- form the overall Western Riverside 2,070 ac (838 ha) of clay soils; Federal lands proposed as critical County MSHCP Conservation Area. The (2) Conserve at least 13 localities habitat for Allium munzii that are in the configuration of the 153,000 ac (61,916 (populations within Elemental Southwestern Riverside County Multi- ha) of the ARL is not mapped or Occurrences (EOs) as defined in the species Reserve and covered by the precisely delineated (hard-lined) in the California Natural Diversity Data Base Cooperative Management Agreement Western Riverside County MSHCP. (CNDDB)) within the Temescal Valley (see the Rancho Bella Vista Habitat Instead, the configuration and and the southwestern portion of the Conservation Plan and Southwestern composition of the ARL are described in plan area; and Riverside County Multi-species Reserve text within the bounds of the (3) Conduct Narrow Endemic Plan Cooperative Management Agreement approximately 310,000-ac (125,453-ha) Species surveys as discussed below sections below). Criteria Area. The ARL lands are being (Dudek and Associates 2003, pp. 9–126– acquired and conserved as part of the 9–127). Western Riverside County Multiple ongoing implementation of the Western Conservation objectives identified in Species Habitat Conservation Plan Riverside County MSHCP. the Western Riverside County MSHCP The Western Riverside County Section 5.2 of the Western Riverside for Atriplex coronata var. notatior MSHCP is a regional, multi- County MSHCP defines management include: jurisdictional HCP encompassing activities to be implemented by reserve (1) Conserve at least 6,900 ac (2,792 approximately 1.26 million ac (510,000 managers and a reserve management ha) of suitable habitat including ha) of land in western Riverside County. oversight committee (with priorities grasslands, playas, and vernal pools; The Western Riverside County MSHCP identified by those entities) to carry out (2) Conserve the Alberhill Creek is a multispecies conservation program species objectives and provide for locality and three core areas located

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along the San Jacinto River and in the County MSHCP indicates that, for County MSHCP implementation (Dudek upper Salt Creek drainage; narrow endemic plant species and Associates 2003, p. 6–63). For A. c. (3) Conduct surveys as discussed populations identified as part of this var. notatior, these additional surveys below; survey process (including A. munzii), are required within suitable habitat in (4) Conserve the floodplain along the impacts to 90 percent of those portions areas defined by the boundaries of the San Jacinto River consistent with of the property that provide for long- Criteria Area (Dudek and Associates objective 1, including maintaining term conservation value for these 2003, Figure 6–2, p. 6–64). Of the floodplain processes; and species will be avoided until it is approximately 8,020 ac (3,246 ha) (5) Conserve the floodplain along Salt demonstrated that conservation proposed as critical habitat, Creek, generally in its existing objectives (discussed above) are met approximately 7,620 ac (3,084 ha) are condition, including maintaining (Dudek and Associates 2003, p. 6–38). within this Criteria Area and subject to floodplain processes (Dudek and The information from these surveys is to the additional survey requirements. As Associates 2003, pp. 9–137–9–138). be used to prioritize areas for with narrow endemic plant species, in Allium munzii acquisition into the Western Riverside locations with positive survey results, County MSHCP (Service 2004, p. 28). 90 percent of those portions of the In our analysis of the effects to Allium Surveys conducted from 2005 through property that provide long-term munzii of the issuance of the Western 2011 have confirmed nine extant conservation value for the identified Riverside County MSHCP permit, we populations within 13 CNDDB-defined species will be avoided until the acknowledged that specific conservation EOs (Western Riverside County species-specific conservation objectives objectives would be provided in the Regional Conservation Authority 2011, for these species are met (Dudek and Western Riverside County MSHCP to p. 31). These 9 populations are part of Associates 2003, p. 6–65). We stated in ensure that suitable habitat and known the 13 populations (localities) identified our analysis of the effects of the Western populations of A. munzii would persist for conservation under management Riverside County MSHCP that this (Service 2004, p. 326). To this effect, for activities and species-specific provides the flexibility to include those narrow endemic species such as A. conservation objectives within the locations that contain large numbers of munzii, the Western Riverside County Western Riverside County MSHCP individuals or are determined to be MSHCP states: (Dudek and Associates 2003, pp. 9–126– important to the conservation of A. c. ‘‘The MSHCP is a Criteria-based plan, 9–127), as noted above. var. notatior in the ARL (Dudek and focused on preserving individual species We stated in our biological opinion Associates 2003, p. 6–70; Service 2004, through Conservation. Conservation is based (analysis of effects) of the Western p. 353). on the particular habitat requirements of each Riverside County MSHCP that: Under the Western Riverside County species as well as the known distribution (1) All 16 known localities (or MSHCP, surveys for Atriplex coronata data for each species. The existing MSHCP CNDDB-defined EOs) would be var. notatior are required every 8 years database does not, however, provide the level included in the Conservation Area; to verify occupancy for at least 75 of detail sufficient to determine the extent of the presence or distribution of Narrow (2) We anticipated that occurrences percent of known locations. If a decline Endemic Plant Species within the MSHCP determined to be important to the in distribution below this threshold is Plan Area. Since Conservation planning overall conservation of the species will observed, management activities are decisions for these species will have a be considered for inclusion in the triggered, as appropriate, to meet the substantial effect on the status of these Additional Reserve Lands; and species-specific objectives identified in species, additional information regarding the (3) At least some of the avoided areas the plan (Dudek and Associates 2003, presence of these species must be gathered may be maintained as open space Table 9.2; Service 2004, p. 355). Surveys during the long-term implementation of the habitat (Service 2004, p. 327). conducted by the Western Riverside MSHCP to ensure that appropriate In addition, the Western Riverside County Regional Conservation Conservation of these species occurs’’ (Dudek County MSHCP identified two CNDDB- and Associates 2003, p. 6–28). Authority (RCA) from 2006 to 2010 defined EOs partially within the confirmed two of four CNDDB-defined The Western Riverside County Conservation Area (EOs 2 and 9) and EOs within the three proposed critical MSHCP defines Allium munzii as a two that are currently located outside habitat units (Units 1—San Jacinto narrow endemic plant species and the Conservation Area (EOs 5 and 16) River, Unit 2—Upper Salt Creek, and requires surveys for this species as part that will be added to the Conservation Unit 3—Alberhill Creek) (Western of the review process for public and Area. Finally, as noted above, the Riverside County RCA 2011, p. 33). private projects in certain areas where Western Riverside County MSHCP These two locations are two of the three one or more permittees have provides flexibility for criteria core areas located along the San Jacinto discretionary authority for project refinement, such that if an area is River and the upper Salt Creek drainage approval (Dudek and Associates 2003, currently outside the reserve design that were identified for conservation pp. 6–28–6–29). These surveys are defined by the Western Riverside under management activities and required for all public and private County MSHCP, but is later determined species-specific conservation objectives projects where appropriate habitat is to be important for conservation, then it within the Western Riverside County present (Dudek and Associates 2003, could be added to the reserve as ARL or MSHCP (Dudek and Associates 2003, Figure 6–1, pp. 6–29–6–30) and include Acquisition Lands. pp. 9–137–9–138), as noted above. The seven proposed critical habitat units or Alberhill Creek locality has not yet been subunits, and portions of five other Atriplex coronata var. notatior surveyed. proposed critical habitat subunits for A. In addition to the management actions In the 1998 final listing rule for munzii. Where survey results are and conservation objectives listed Allium munzii and Atriplex coronata positive, project proposals with the above, which apply within the var. notatior, the present or threatened potential to affect a narrow endemic approximately 8,020 ac (3,246 ha) destruction, modification, or plant species are subject to avoidance, proposed as critical habitat for Atriplex curtailment of their habitat or range, minimization, and mitigation strategies coronata var. notatior, surveys are also including urban development, (Dudek and Associates 2003, p. 6–29). required for A. c. var. notatior in agriculture, and clay mining for A. In addition, the Western Riverside conjunction with the Western Riverside munzii, and agriculture, urban

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development, alteration of hydrology for affecting designated critical habitat Benefits of Exclusion—Western A. c. var. notatior, were identified as the units would consider the importance of Riverside County MSHCP primary threats to these taxa (63 FR this habitat to the two plants and the The benefits of excluding from 54982, October 13, 1998; Service 2009, protections required for the taxa and designated critical habitat the 2012b). The Western Riverside County their habitats. approximately 636 ac (257.4 ha) of MSHCP helps to address these threats to Federal laws other than the Act that proposed critical habitat for Allium A. munzii and A. c. var. notatior are most likely to afford protection to munzii and 8,020 ac (3,246 ha) of through a regional planning effort, and proposed critical habitat for Atriplex outlines species-specific objectives and designated critical habitat for Allium munzii include the National Forest coronata var. notatior that are within criteria for the conservation of these the boundaries of the Western Riverside taxa (Dudek and Associates 2003, pp. 9– Management Act (NFMA; 16 U.S.C. 1600 et seq.) and, to a lesser degree, the County MSHCP are significant and 126–9–127, 9–137–9–138). include: (1) Continued and strengthened In summary, the Western Riverside CWA. Projects requiring a review under effective working relationships with all County MSHCP provides a the NFMA or the CWA that are located Western Riverside County MSHCP comprehensive habitat-based approach within critical habitat or are likely to jurisdictions and stakeholders in to the protection of covered species, affect critical habitat would create a implementing the conservation including Allium munzii and Atriplex Federal nexus and trigger section 7 coronata var. notatior, by focusing on management objectives for these taxa consultation under the Act. The NFMA and their habitats identified in the lands identified as important for the requires the U.S. Forest Service to long-term conservation of its covered Western Riverside County MSHCP, incorporate provisions to support and described above, and promoting the species and through the implementation manage plant and animal communities of management actions for conserving conservation of these taxa and their for diversity and long-term rangewide habitats; (2) encouragement of other those lands, as outlined in the viability of native species into its Land management actions and conservation entities within the range of A. munzii and Resource Management Plans. objectives listed above (Western and A. c. var. notatior to complete Consultation with the U.S. Forest Riverside County RCA et al. 2003, p. HCPs; and (3) encouragement of 51). Service would likely be triggered by any additional HCP and other conservation revision to the Land and Resource plan development in the future on other The Benefits of Inclusion—Western Management Plan for the Cleveland private lands for other federally listed Riverside County MSHCP National Forest, where A. munzii is species. The primary effect of designating any found. Examples of potential projects Implementation of the Western particular area as critical habitat is the that could trigger consultation as a Riverside County MSHCP has resulted requirement for Federal agencies to result of CWA include projects that in the acquisition of 487 ac (197 ha) of consult with us under section 7 of the require a section 404 CWA permit in land within the Upper and Lower San Act to ensure actions they carry out, areas near the washes or on terraces Jacinto River and Upper Salt Creek authorize, or fund do not adversely within washes or drainages occupied by geographical locations of Atriplex modify designated critical habitat. A. munzii. However, a jurisdictional coronata var. notatior, which are Absent critical habitat designation in delineation would likely be required to located within proposed critical habitat (Unit 1—San Jacinto River and Unit 2— occupied areas, Federal agencies remain evaluate the regulatory involvement of Upper Salt Creek). These areas were obligated under section 7 of the Act to the U.S. Army Corps of Engineers. consult with us on actions that may added to the existing conserved lands affect a federally listed species to ensure Similarly, Federal laws other than the and are now incorporated into the such actions do not jeopardize the Act most likely to afford protection to Western Riverside County MSHCP species’ continued existence. designated critical habitat for Atriplex Reserve (Service 2012a; Carlsbad Fish The analysis of effects to critical coronata var. notatior include the CWA. and Wildlife Office, GIS Analysis). Two habitat is a separate and different Projects requiring a review under the of these parcels were recently purchased analysis from that of the effects to the CWA that are located within critical with HCP Land Acquisition Grant species. Therefore, the difference in habitat or are likely to affect critical Program funds authorized under section outcomes of these two analyses habitat would create a Federal nexus 6 of the Act (M. Woulfe 2011a and represents the regulatory benefit of and trigger section 7 consultation under 2011b, pers. comm.). Since 2004, only critical habitat. The regulatory standard the Act. Examples of potential projects 10 ac (4 ha) of habitat in the Upper Salt is different, as the jeopardy analysis that could trigger consultation as a Creek areas have been lost (Service investigates the action’s impact on the result of CWA include activities that 2012a; Carlsbad Fish and Wildlife survival and recovery of the species, require a section 404 CWA permit Office, GIS Analysis). These actions while the adverse modification analysis within floodplains associated with provide support for the effectiveness of focuses on the action’s effects on the wetland habitats, which may also the Western Riverside County MSHCP designated habitat’s contribution to require a jurisdictional delineation to in reducing the threats to A. c. var. conservation. This will, in many evaluate the regulatory involvement of notatior and in addressing the special instances, lead to different results and the U.S. Army Corps of Engineers. management considerations or different regulatory requirements. Thus, protections necessary to ensure the critical habitat designations may Another important benefit of long-term existence of the physical or provide greater benefits to the recovery including lands in a critical habitat biological features essential to the of a species than would listing alone. designation is that the designation can conservation of this taxon. Critical habitat designation can also serve to educate landowners and the In the case of plants such as Allium result in ancillary conservation benefits public regarding the potential munzii and Atriplex coronata var. to Allium munzii and Atriplex coronata conservation value of an area, and may notatior, we also consider that including var. notatior by triggering additional help focus conservation efforts on areas conservation measures to protect listed review and conservation through other of high conservation value for certain plants and their habitats in an HCP or Federal laws. Review of Federal actions species. other conservation plan is voluntary. In

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contrast to listed wildlife species, the restoration, and beneficial management These annual reports include an Act does not prohibit take of listed actions for species. overview of the plan, a summary of plants, and an incidental take permit habitat gains, and a review of the Benefits of Exclusion Outweigh the under section 10 of the Act is not management activities of the Western Benefits of Inclusion—Western Riverside RCA, management of required to authorize impacts to listed Riverside County MSHCP plants. For this reason, we actively property, and management of the support and encourage the voluntary We have reviewed and evaluated the reserves. The activities of the biological inclusion of measures to protect listed exclusion of approximately 8,656 ac monitoring program are also included in plants and their habitats in an HCP or (3,503 ha) of land within the boundaries this annual report. The reporting for other conservation plan by plan of the Western Riverside County these activities is available to the public proponents. The prospect of potentially MSHCP. We have created close on the Internet at: http://www.wrc- avoiding a designation of critical habitat partnerships with Riverside County and rca.org/. In addition, the previous for a plant provides a meaningful other stakeholders through the rulemaking for these taxa has provided incentive to plan proponents to extend development of the Western Riverside the opportunity for public review and protections for plants and their habitat County MSHCP, which incorporates comment on documents that provided under a conservation plan. Achieving protections and management objectives information on the biology and habitat comprehensive, landscape-level (described above) for Allium munzii and requirements of A. munzii and A. c. var. protection for plant species, including: Atriplex coronata var. notatior and the notatior, and the location of areas (1) Narrow endemic plant species, such habitats upon which the taxa depend for containing the physical or biological as A. munzii; and (2) those with limited growth and reproduction. The features essential to the conservation of geographic distribution and specialized conservation strategy identified in the these taxa. habitat and management requirements, Western Riverside County MSHCP, Within the Lake Mathews-Estelle such as A. c. var. notatior, through their along with our close coordination with Mountain Reserve, Riverside County is inclusion in regional conservation Riverside County and other implementing other outreach and plans, provides a key conservation stakeholders, addresses the identified educational activities. For example, benefit for these taxa. Our consideration threats to A. munzii and A. c. var. ‘‘Endangered Species Act Day’’ is of the Western Riverside County notatior and the geographical areas that sponsored by the Riverside County MSHCP under section 4(b)(2) of the Act contain the physical or biological Habitat Conservation Agency, and the features essential to their conservation. acknowledges the voluntary, proactive Service has been an active participant Our partnership with Riverside County conservation measures undertaken by and partial funder for this event. These helps ensure implementation of the Riverside County to protect A. munzii actions, collectively, provide additional protections and management actions and A. c. var. notatior under this plan. opportunities to educate the public identified within the Western Riverside about the location of, and efforts to Excluding lands within the Western County MSHCP. Therefore, the relative conserve, the physical or biological Riverside County MSHCP from the benefits to either Allium munzii or features essential to the conservation of critical habitat designation will also Atriplex coronata var. notatior of Allium munzii, as well as other efforts sustain and enhance the working including these lands in the designation to conserve endangered plants relationship between the Service and are small because the regulatory and (including A. munzii) and wildlife, Riverside County. The willingness of ancillary benefits that would result from within the Lake Mathews-Estelle the county and its partners to work with critical habitat designation are almost Mountain Reserve. the Service on innovative ways to entirely redundant with the Exclusion of these lands from both manage federally listed species will conservation benefits already afforded Allium munzii and Atriplex coronata continue to reinforce those conservation through the Western Riverside County var. notatior critical habitat will help efforts and our partnership, both of MSHCP and State and Federal laws. The preserve the partnerships we have which contribute significantly toward Western Riverside County MSHCP developed with local jurisdictions and achieving recovery of Allium munzii provides for significant conservation project proponents through the and Atriplex coronata var. notatior. and management of the geographical development and ongoing By excluding approximately 8,656 ac areas that contain the physical or implementation of the Western (3,503 ha) of land within the boundaries biological features essential to the Riverside County MSHCP. These of the Western Riverside County conservation of A. munzii and A. c. var. partnerships are focused on MSHCP from critical habitat notatior, and that help achieve recovery conservation of multiple species, designation, we are encouraging new of these taxa through the objectives as including A. munzii and A. c. var. partnerships with other landowners and described above. notatior, and secure conservation jurisdictions to protect Allium munzii We also conclude that the educational benefits for the taxa that will contribute and Atriplex coronata var. notatior as benefits of designating critical habitat to the species’ recovery, as described well as other listed species. Our ongoing within the Western Riverside County above, beyond those that could be partnerships with Riverside County, the MSHCP boundaries would be negligible required under a critical habitat larger regional Western Riverside because there have been several designation. Furthermore, these County MSHCP participants, and the opportunities for public education and partnerships help foster future landscape-level multiple species outreach related to Allium munzii and partnerships for the benefit of listed conservation planning efforts they Atriplex coronata var. notatior. The species, the majority of which do not promote are essential to achieve long- framework for the regional Western occur on Federal lands. We have term conservation of A. munzii and A. Riverside County MSHCP was determined that these benefits are c. var. notatior. We consider this developed over a 6-year period and has significant. voluntary partnership in conservation been in place since 2004. The Western After consideration of the relevant vital to our understanding of the status Riverside County MSHCP requires the impact of designating areas covered by of species on non-Federal lands and implementing agency, the Western the Western Riverside County MSHCP necessary for us to implement recovery Riverside County RCA, to prepare and as critical habitat and balancing the actions such as habitat protection and submit a report of its annual activities. benefits of excluding those areas from

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critical habitat against the benefits of authorized Pacific Bay Properties to requirement for Federal agencies to including them, we have determined develop the 798–ac (323–ha) site that consult with us under section 7 of the that the significant benefits of exclusion included 102.3 ac (41.4 ha) of native Act to ensure actions they carry out, outweigh the benefits of critical habitat habitat (Service 2004, p. 66). Within this authorize, or fund do not adversely designation in these areas. subunit, 67.1 ac (27.2 ha) of the modify designated critical habitat. Absent critical habitat designation in Exclusion Will Not Result in Extinction proposed 74.8 ac (30.3 ha) in Subunit occupied areas, Federal agencies remain of the Species—Western Riverside 4B–Skunk Hollow are located within obligated under section 7 of the Act to County MSHCP the conserved lands defined by the Rancho Bella Vista HCP and are consult with us on actions that may We have determined that the designated as natural open space or affect a federally listed species to ensure exclusion of approximately 636 ac conserved habitat (Service 2000). The such actions do not jeopardize the (257.4 ha) of land from the final remaining areas of proposed Subunit species’ continued existence. designation of critical habitat for Allium 4B–Skunk Hollow are identified as PQP The analysis of effects to critical munzii and the entire 8,020 ac (3,246 (7.3 acre (2.95 ha) and ARL (0.4 ac (0.16 habitat is a separate and different ha) of land proposed as critical habitat ha)) lands within the Western Riverside analysis from that of the effects to the for Atriplex coronata var. notatior County MSHCP. Those areas are species. Therefore, the difference in within lands covered under the addressed in the Western Riverside outcomes of these two analyses permitted Western Riverside County County Multiple Species Habitat represents the regulatory benefit of MSHCP will not result in the extinction Conservation Plan section above. critical habitat. The regulatory standard of A. munzii or A. c. var. notatior. Long-term management of the Rancho is different, as the jeopardy analysis Management actions and species- Bella Vista HCP conservation lands investigates the action’s impact on the specific conservation objectives includes the following activities: survival and recovery of the species, identified in the Western Riverside (1) Control access and, where while the adverse modification analysis County MSHCP for the two taxa and necessary, limit access by people, focuses on the action’s effects on the their habitats provide significant vehicles, and domestic pets to designated habitat’s contribution to benefits to the geographical areas conserved habitats and preclude access conservation. This will, in many containing the physical or biological to highly sensitive resources. instances, lead to different results and features essential to the conservation of (2) Monitor target species, including different regulatory requirements. Thus, these taxa. In our 2004 biological Allium munzii, and provide species critical habitat designations may opinion, the Service determined that management of all covered species. provide greater benefits to the recovery implementation of the Western (3) Identify and rank, in order of of a species than would listing alone. Riverside County MSHCP is not likely priority, opportunities for habitat Critical habitat designation can also to jeopardize the continued existence of restoration and enhancement within the result in ancillary conservation benefits A. munzii or A. c. var. notatior (Service conserved habitats. to Allium munzii by triggering 2004, pp. 327, 356). (4) Monitor conserved lands for the additional review and conservation Based on the above discussion, the occurrence of nonnative invasive plants through other Federal laws. Review of Secretary is exercising his discretion and animals and provide the prompt Federal actions affecting designated under section 4(b)(2) of the Act to control of such species. critical habitat units would consider the exclude from this final critical habitat (5) Map the locations of nonnative importance of this habitat to A. munzii designation the following proposed plant species within and immediately and the protections required for the units or subunits: adjacent to conserved habitats and species and its habitat. • For Allium munzii, Unit 1—Gavilan schedule for removal, monitoring, or Another important benefit of Hills, including all subunits (1A–1F) control as necessary. including lands in a critical habitat (114.7 ac (46.4 ha)); Unit 2—Temescal (6) Develop a fire management designation is that the designation can Valley including all subunits (2A–2D) program in consultation with the serve to educate landowners and the (481 ac (194.5 ha)); Subunit 4A (32.6 ac County of Riverside Fire Marshal and public regarding the potential (13.3 ha)) of Unit 4—South Perris and wildlife agencies to minimize impacts to conservation value of an area, and may Bachelor Mountain; and a portion of conserved habitats from fire help focus conservation efforts on areas Subunit 4B (7.7 ac (3.1 ha)) of Unit 4— management programs and adjacent of high conservation value for certain South Perris and Bachelor Mountain. land uses. species. • For Atriplex coronata var. notatior, (7) Develop public information Benefits of Exclusion—Rancho Bella all land within Unit 1—San Jacinto materials and programs including: Vista HCP River, Unit 2—Upper Salt Creek, and (a) A brochure that describes the Unit 3—Alberhill Creek (8,020 ac (3,246 natural resources, areas of special The benefits of excluding from ha)). interest, and prohibited activities within designated critical habitat the 67.1 ac All of these proposed units or conserved habitats; (27.2 ha) of proposed critical habitat for subunits are encompassed within lands (b) A landscape and fuel break Allium munzii that are within the covered under the Western Riverside planning brochure for homeowners and boundaries of the Rancho Bella Vista County MSHCP. homeowner associations located HCP are significant and include: (1) adjacent to conserved habitats; and Continued and strengthened effective Rancho Bella Vista Habitat (c) Nature trails along or through working relationship with the Rancho Conservation Plan portions of conserved habitats (provided Bella Vista HCP permittee in A portion of proposed Subunit 4B— impacts are avoided or mitigated) implementing the conservation Skunk Hollow for Allium munzii is (Service 2000, pp. 4–5). management objectives for A. munzii found within a smaller, individual HCP, and its habitat identified in the Rancho the Rancho Bella Vista HCP, which was Benefits of Inclusion—Rancho Bella Bella Vista HCP, described above, and approved prior to the Western Riverside Vista HCP promoting the conservation of this County MSHCP through a separate The primary effect of designating any species and its habitat; (2) section 10(a)(1)(B) permit and particular area as critical habitat is the encouragement of other entities within

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the range of A. munzii to complete location of areas containing the physical Exclusion Will Not Result in Extinction HCPs; and (3) encouragement of or biological features essential to the of the Species—Rancho Bella Vista HCP additional HCP and other conservation conservation of the species. We have determined that the plan development in the future on other In the case of plants such as Allium exclusion of 67.1 ac (27.2 ha) within private lands for other federally listed munzii, we also consider that including lands covered under the permitted species. In addition, because the lands conservation measures to protect listed Rancho Bella HCP from the final that comprise the Rancho Bella Vista plants and their habitats in an HCP or designation of critical habitat for Allium HCP are now encompassed within the other conservation plan is voluntary. In munzii will not result in the extinction boundaries of the Western Riverside contrast to listed wildlife species, the of A. munzii. Conservation measures County MSHCP, we see the continued Act does not prohibit take of listed identified in the Rancho Bella Vista and strengthened effective working plants, and an incidental take permit HCP for A. munzii and its habitat relationships with the larger Western under section 10 of the Act is not provide significant benefits to the Riverside County MSHCP and its geographical areas containing the jurisdictions and stakeholders in required to authorize impacts to listed physical or biological features essential promoting the conservation of A. munzii plants. For this reason, we actively to the conservation of A. munzii. In our and its habitat as an important benefit support and encourage the voluntary 2000 biological opinion, the Service of exclusion of this portion of proposed inclusion of measures to protect listed determined that implementation of the Subunit 4B—Skunk Hollow. plants and their habitats in an HCP or other conservation plan by plan Rancho Bella Vista HCP would not Benefits of Exclusion Outweigh the proponents. The prospect of potentially likely jeopardize the continued Benefits of Inclusion—Rancho Bella avoiding a designation of critical habitat existence of A. munzii (Service 2000, p. Vista HCP for a plant provides a meaningful 41). We have reviewed and evaluated the incentive to plan proponents to extend Based on the above discussion, the exclusion of approximately 67.1 ac (27.2 protections for plants and their habitat Secretary is exercising his discretion ha) of land within the boundaries of the under a conservation plan. Achieving under section 4(b)(2) of the Act to Rancho Bella Vista HCP for Allium comprehensive, landscape-level exclude from this final critical habitat munzii. The benefits of including these protection for plant species, including designation for Allium munzii the lands in the designation are small narrow endemic plant species such as portion of proposed Subunit 4B—Skunk because the regulatory and ancillary A. munzii, through their inclusion in Hollow (67.1 ac (27.2 ha)), which is benefits that would result from critical regional conservation plans, provides a encompassed within lands covered habitat designation are almost entirely key conservation benefit for these taxa. under the Rancho Bella Vista HCP. redundant with the conservation Our consideration of the Rancho Bella Southwestern Riverside County Multi- benefits already afforded through the Vista HCP under section 4(b)(2) of the Species Reserve Cooperative Rancho Bella Vista HCP and under the Act acknowledges the voluntary, Management Agreement Act. The Rancho Bella Vista HCP proactive conservation measures provides for significant conservation undertaken by the permitttee to protect Subunit 4C—Bachelor Mountain (79.3 and management of the geographical A. munzii under this plan. ac (32.1 ha)) and Unit 5—North areas that contain the physical or Domenigoni Hills (8.2 ac (3.3 ha)) Exclusion of these lands from critical proposed as critical habitat for Allium biological features essential to the habitat will help preserve the conservation of A. munzii and help munzii are contained within the partnerships we have developed with Southwestern Riverside County Multi- achieve recovery of this species through local jurisdictions and project the objectives as described above. species Reserve (Reserve), which was proponents through the development We also conclude that the educational created in 1992, prior to the listing of A. and ongoing implementation of the benefits of designating critical habitat munzii, as a mitigation measure for within the Rancho Bella Vista HCP Rancho Bella Vista HCP. These impacts resulting from the Diamond boundaries would be negligible because partnerships are focused on Valley Lake Reservoir. The Reserve there have been several opportunities conservation of multiple species, comprises about 13,000 ac (5,261 ha), for public education and outreach including Allium munzii, and secure approximately 9,400 ac (3,804 ha) of related to Allium munzii. As an conservation benefits for the taxa that which are owned by the Metropolitan example, the Rancho Bella Vista Park, will contribute to the species’ recovery, Water District, 2,500 ac (1,012 ha) by the which includes both active and passive as described above, beyond those that Riverside County Habitat Conservation uses of the area, includes a nature trail could be required under a critical Agency, 360 ac (146 ha) by the Bureau through portions of conserved habitats habitat designation. Furthermore, these of Land Management (BLM), and 600 ac and an interpretive, educational display partnerships aid in fostering future (243 ha) by the Riverside County Parks for the larger Skunk Hollow area. These partnerships for the benefit of listed and Open Space District (Service 2004, actions provide additional opportunities species, the majority of which do not p. 61), which manages the Reserve. The to educate the public about the location occur on Federal lands. We have Reserve is located within the area north of, and efforts to conserve, the physical determined that these benefits are of Lake Skinner and south of Diamond or biological features essential to the significant. Valley Lake, and includes the conservation of A. munzii, as well as After consideration of the relevant Domenigoni Mountains and South Hills other efforts to conserve endangered impact of specifying areas covered by (Service 2004, p. 61). plants (including A. munzii) and the Rancho Bella Vista HCP as critical The Reserve is managed through a wildlife, within the Rancho Bella Vista habitat and balancing the benefits of cooperative management agreement; the HCP. In addition, the previous excluding these areas from critical Service is a party to this agreement and rulemaking for this species has provided habitat against the benefits of including a member of the five-member committee the opportunity for public review and them, we have determined that the that makes management decisions comment on documents that provided significant benefits of exclusion (Monroe et al. 1992, Appendix B). information on the biology and habitat outweigh the benefits of critical habitat Management strategies defined for the requirements of A. munzii and the designation in these areas. entire Reserve include:

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(1) Protection of habitat from human Critical habitat designation can also Benefits of Exclusion Outweigh the disturbance through fencing, result in ancillary conservation benefits Benefits of Inclusion—Southwestern construction of fire breaks, and patrols to Allium munzii by triggering Riverside County Multi-Species Reserve to prevent unauthorized access; additional review and conservation Cooperative Management Agreement (2) Activities to promote the recovery through other Federal laws. Review of We have reviewed and evaluated the of native plant and animal communities Federal actions affecting designated exclusion of approximately 87.5 ac (35.4 by managing fire and controlling critical habitat units would consider the ha) of proposed critical habitat for grazing; and importance of this habitat to A. munzii (3) Management for biodiversity, Allium munzii that are within the and the protections required for the including maintaining a mosaic of boundaries of the Reserve established different-aged habitats to meet the needs species and its habitat. through the Southwestern Riverside of many species (Monroe et al. 1992, pp. Another important benefit of County Reserve Cooperative ES–5–ES–6). including lands in a critical habitat Management Agreement. The benefits of The 2008 Southwestern Riverside designation is that the designation can including these lands in the designation are small because the regulatory and County Multi-species Reserve serve to educate landowners and the ancillary benefits that would result from Management Plan (Moen 2008, public regarding the potential critical habitat designation are almost Appendix 10), developed in order to conservation value of an area, and may entirely redundant with the meet management goals for the Reserve, help focus conservation efforts on areas identifies specific enhancement and conservation benefits already afforded of high conservation value for certain through the Southwestern Riverside monitoring goals, objectives, and species. strategies for Allium munzii. These County Multi-species Reserve include: (1) Estimating area occupied by Benefits of Exclusion—Southwestern Cooperative Management Agreement A. munzii within the Reserve by Riverside County Multi-Species Reserve and under the Act. The Southwestern mapping each occupied area annually, Cooperative Management Agreement Riverside County Multi-species Reserve (2) estimating individual plants within Cooperative Management Agreement the known populations, and (3) The benefits of excluding from provides for significant conservation enhancing habitat suitability within designated critical habitat the 87.5 ac and management of the geographical occupied areas by annually removing (35.4 ha) of proposed critical habitat for areas that contain the physical or thatch and biomass from nonnative Allium munzii within the Reserve are biological features essential to the vegetation and determining the efficacy significant and include: conservation of A. munzii and help achieve recovery of this species through of each treatment (Moen 2008, (1) Continued and strengthened Appendix 10, pp. 1–2). the objectives as described above. effective working relationships with the We also conclude that the educational Benefits of Inclusion—Southwestern signatories to the Southwestern benefits of designating critical habitat Riverside County Multi-Species Reserve Riverside County Multi-species Reserve within the Reserve boundaries would be Cooperative Management Agreement Cooperative Management Agreement negligible because there have been The primary effect of designating any and other interested stakeholders in several opportunities for public particular area as critical habitat is the implementing the conservation education and outreach related to requirement for Federal agencies to management objectives for A. munzii Allium munzii. Although the majority of consult with us under section 7 of the and its habitat identified in the the Reserve is not open to the public, Act to ensure actions they carry out, Southwestern Riverside County Multi- three trails are available during certain authorize, or fund do not adversely species Reserve Management Plan times of the year for hiking and modify designated critical habitat. (Moen 2008, Appendix 10), described horseback riding activities. These trails Absent critical habitat designation in above, and promoting the conservation provide additional opportunities to occupied areas, Federal agencies remain of this species and its habitat; (2) educate the public about the location of, obligated under section 7 of the Act to encouragement of other entities within and efforts to conserve, the physical or consult with us on actions that may the range of A. munzii to complete biological features essential to the affect a federally listed species to ensure cooperative management agreements; conservation of A. munzii, as well as such actions do not jeopardize the and (3) encouragement of additional other efforts to conserve endangered species’ continued existence. conservation plan development in the plants (including A. munzii) and The analysis of effects to critical future on other private lands for other wildlife, within the Reserve. In habitat is a separate and different federally listed species. In addition, addition, the previous rulemaking for analysis from that of the effects to the because the lands that comprise the this species has provided the species. Therefore, the difference in opportunity for public review and Reserve are encompassed within the outcomes of these two analyses comment on documents that provided boundaries of the Western Riverside represents the regulatory benefit of information on the biology and habitat critical habitat. The regulatory standard County MSHCP as PQP lands, we see requirements of A. munzii and the is different, as the jeopardy analysis the continued and strengthened location of areas containing the physical investigates the action’s impact on the effective working relationships with the or biological features essential to the survival and recovery of the species, larger Western Riverside County conservation of the species. while the adverse modification analysis MSHCP and its jurisdictions and Exclusion of these lands from critical focuses on the action’s effects on the stakeholders in promoting the habitat will help preserve the designated habitat’s contribution to conservation of A. munzii and its partnerships we have developed with conservation. This will, in many habitat as an important benefit of local jurisdictions and project instances, lead to different results and exclusion of proposed Subunit 4C— proponents through the development different regulatory requirements. Thus, Bachelor Mountain and Unit 5—North and ongoing implementation of the critical habitat designations may Domenigoni Hills. Southwestern Riverside County Multi- provide greater benefits to the recovery species Reserve Cooperative of a species than would listing alone. Management Agreement. These

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partnerships are focused on periods. The first comment period and incorporated into the final rule as conservation of multiple species, associated with the publication of the appropriate. including Allium munzii, and secure proposed rule (77 FR 23008; April 17, Peer Reviewer Comments conservation benefits for the species 2012) opened on April 17, 2012, and that will lead to recovery, as described closed on June 18, 2012. We also (1) Comment: We received comments above, beyond those that could be requested comments on the proposed from two peer reviewers regarding our required under a critical habitat revised critical habitat designations and exclusion process under section 4(b)(2) designation. Furthermore, these associated DEA for the two taxa during of the Act. One reviewer recommended partnerships aid in fostering future a comment period that opened that the Service weigh the benefits of partnerships for the benefit of listed September 11, 2012, and closed on inclusion versus exclusion by species, the majority of which do not October 11, 2012 (77 FR 55788; thoroughly analyzing the occur on Federal lands. We have September 11, 2012). We did not receive implementation and conservation determined that these benefits are any requests for a public hearing during success of the relevant HCPs and make significant. these comment periods. We also a determination whether or not to After consideration of the relevant contacted appropriate Federal, State, exclude based on specific conditions impact of specifying areas within the and local agencies; scientific applicable to that unit or subunit. A Reserve as critical habitat and balancing organizations; and other interested second reviewer stated that species the benefits of excluding these areas parties and invited them to comment on exclusions should be made on a case-by- from critical habitat against the benefits the proposed rule and DEA during these case basis and the proposed rule needs of including them, we have determined comment periods. to outline a stronger case for exclusion. that the significant benefits of exclusion During the first comment period, we Our Response: The Secretary’s outweigh the benefits of critical habitat received seven comment letters, three decision regarding whether to exercise designation in these areas. from peer reviewers, three from State his discretion to exclude areas from and local agencies (one of these letters Exclusion Will Not Result in Extinction critical habitat is not made in the was a duplicate), and one from the of the Species—Southwestern Riverside proposed rule, but in the final rule. In public directly addressing the proposed County Multi-Species Reserve the proposed rule, we provided the then revised critical habitat designations. Cooperative Management Agreement available information regarding During the second comment period, we We have determined that the potential exclusions to allow the peer received three agency comment letters reviewers and the public an opportunity exclusion of 87.5 ac (35.4 ha) of lands (again, one of these letters was a to comment. Section 4(b)(2) of the Act managed under the Southwestern duplicate) addressing the proposed requires the Secretary to designate Riverside County Multi-species Reserve revised critical habitat designations or critical habitat after taking into Cooperative Management Agreement the DEA. No public comments were consideration the economic impacts, from the final designation of critical received during the second comment national security impacts, and any other habitat for Allium munzii will not result period. All substantive information relevant impacts of specifying any in the extinction of A. munzii. provided during comment periods has particular area as critical habitat. An Conservation measures identified in the either been incorporated directly into area may be excluded from critical Southwestern Riverside County Multi- the final determinations for both taxa or habitat if it is determined that the species Reserve Cooperative addressed below. Comments we Management Agreement (Monroe et al. received are grouped into general issues benefits of exclusion outweigh the 1992, Appendix B) and the 2008 specifically relating to the proposed benefits of designating a particular area Southwestern Riverside County Multi- revised critical habitat designations for as critical habitat, unless the failure to species Reserve Management Plan Allium munzii and Atriplex coronata designate will result in the extinction of (Moen 2008, Appendix 10, pp. 1–2) for var. notatior. the species. Before the Secretary A. munzii and its habitat provide exercises his discretion to exclude any Peer Review significant benefits to the geographical area from critical habitat, he carefully areas containing the physical or In accordance with our peer review weighs the benefits of exclusion of an biological features essential to the policy published on July 1, 1994 (59 FR area from critical habitat versus the conservation of A. munzii. 34270), we solicited expert opinions benefits of inclusion of an area in Based on the above discussion, the from three knowledgeable individuals critical habitat. Secretary is exercising his discretion with scientific expertise that included In the Land and Resource under section 4(b)(2) of the Act to familiarity with Allium munzii and Management Plans, Conservation Plans, exclude from this final critical habitat Atriplex coronata var. notatior, the or Agreements Based on Conservation designation for Allium munzii proposed geographic region in which the two Partnerships section of this final rule, Subunit 4C—Bachelor Mountain (79.3 plants occur, and conservation biology we provide additional discussion of the ac (32.1 ha)) and Unit 5—North principles relevant to the two plants. implementation of the Western Domenigoni Hills (8.2 ac (3.3 ha)), We received responses from all three Riverside County MSHCP and other which are encompassed within lands peer reviewers. conservation plans and partnerships managed under the Southwestern We reviewed all comments we and why we believe, for the areas Riverside County Multi-species Reserve received from the peer reviewers for excluded from final designation, these Cooperative Management Agreement. substantive issues and new information plans adequately provide for the regarding critical habitat for Allium conservation of Allium munzii and Summary of Comments and munzii and Atriplex coronata var. Atriplex coronata var. notatior, and Recommendations notatior. The peer reviewers provided their habitats. This section also fully We requested written comments from additional information, clarifications, discusses the benefits of inclusion and the public on the proposed revised and suggestions to improve the final exclusion for these areas and the designations of critical habitat for critical habitat rule as discussed in more reasons why the Secretary is exercising Allium munzii and Atriplex coronata detail below. Peer reviewer comments his discretion to exclude the areas from var. notatior during two comment are addressed in the following summary final critical habitat designation.

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(2) Comment: Two peer reviewers locations of individual plants reported updated with the 2012 publication of provided recommendations on how the from other surveys. The Jepson Manual: Vascular Plants of proposed revised critical habitat units In addition, we note that the areas California, second edition (University of should be defined in order to address proposed as critical habitat in the California Press, Berkeley, California). essential habitat. Specific comments proposed revised rule may not include The proposed rule cited both the were provided by one peer reviewer all of the habitat that may eventually be McNeal (2012) for the treatment of the regarding our proposed designation of determined as necessary for the family Alliaceae, which includes A. critical habitat for Subunits 2D— recovery of Allium munzii (or Atriplex munzii, described within pages 1289– Alberhill Creek and 4C—Bachelor coronata var. notatior), and critical 1297 of the second edition, but we also Mountain for Allium munzii, who also habitat designations do not signal that cited an earlier published review of this recommended a detailed review of habitat outside the designation is species (McNeal 1992). The Taylor and proposed subunits within Estelle unimportant or may not contribute to Wilken (1993) citations for A. c. var. Mountain and Temescal Wash, stating recovery of the species. Areas outside notatior are now Zacharias (2012) for the final revised critical habitat that the expansion of urban the treatment of the family designation will continue to be subject development and other activities in this Chenopodiaceae, which includes A. c. to conservation actions implemented var. notatior, described within pages region warrant additional evaluation of under section 7(a)(1) of the Act, 629–638 of the second edition. all areas that might be potentially regulatory protections afforded by the • In our Habitat and Soil Preferences essential habitat for this species. section 7(a)(2) jeopardy standard, and section for A. munzii, we received a Our Response: We reviewed our the prohibitions of section 9 of the Act. clarification from one peer reviewer of methods for determining subunit These protections and conservation our reference to the mesic (wet) clay boundaries, occupancy, and the tools will continue to contribute to soils in which this species is found. As presence of the physical or biological recovery of both taxa. noted by this reviewer, these soils are features essential to the conservation of Per the peer reviewer’s specific subject to hot dry summers that are the two plants. As described above in comments on Subunits 2D—Alberhill characteristic of Mediterranean climate the Criteria Used to Identify Critical Creek and 4C—Bachelor Mountain for found in southern California and are dry Habitat section for Allium munzii, we Allium munzii, we confirmed that much of the year. conducted a spatial analysis using a Subunit 2D—Alberhill Creek as defined • As noted by one peer reviewer, the GIS-based approach to determine the in the proposed rule contains Altamont geographical description of the range of percent of mapped clay soils (Altamont, cobbly clay soil (PCE 1), and not A. munzii in Riverside County is better Auld, Bosanko, and Porterville) that alkaline soils. We also reevaluated described as a narrow endemic plant were converted or lost to agricultural or proposed Subunit 4C—Bachelor that is discontinuously distributed urban land uses in the Riverside-Perris Mountain and concluded that the across the Riverside-Perris area (Perris area (based on 2007 land use GIS data). subunit boundaries were created Basin physiogeographic region) and Based on the narrow endemism of this appropriately using the defined PCEs for within a portion of the southern Santa species, its reliance on clay soil types this species. Ana Mountains (Elsinore Peak). We (3) Comment: All three peer reviewers that are limited in geographic range in have incorporated this description into provided editorial comments, western Riverside County, and our this final rule, as appropriate. corrections, and recommendations for • Two peer reviewers indicated that estimated loss of 67 percent of these changes to the Background section the term Upper Salt Creek should be soils to urban or agricultural (description, biology and life history, used in place of Old Salt Creek in the development, we determined that all of habitat and soil preferences, spatial Background or other sections where it the proposed units and subunits distribution, historical range, and occurs in the proposed rule; the latter represent the present geographical area population size) of the proposed rule. geographic name is apparently an containing the physical or biological Our Response: We appreciate the outdated term used to describe early features essential to the conservation of suggestions and clarifying information locations of A. c. var. notatior. this species that may require special provided by the peer reviewers and the • One peer reviewer recommended management considerations or opportunity to incorporate the best that we discuss the importance of clonal protection. For Atriplex coronata var. available scientific information into the populations for A. munzii. We note that notatior, we improved our mapping final rule. We provide a summary of all known bulb- and corm-forming plant methodology from previous delineations these clarifications below based on the taxa are expected to exhibit a clonal to more accurately define the critical peer review comments. However, this population structure derived from the habitat boundaries that better represent information has not altered our vegetative reproduction of the bulbs or those areas that possess the physical or determinations or delineation of critical corms. However, we did not consider it biological features essential to the habitat units for Allium munzii or necessary to discuss this in the conservation of this taxon using soils, Atriplex coronata var. notatior. In Background section of the proposed rule elevation, and spatial configuration addition, the information provided by as it does not change our criteria or based on updated plant location the peer reviewers is related to a section methodology for designating critical information. Thus, we delineated of the proposed revised rule that is not habitat. boundaries using an intersection of repeated in this final rule. However, we • Based on peer review comment we seasonal ponding or flooding (and have made use of this information in received on the Background section of resulting bare soils), as observed in other sections of this final rule, where the proposed rule regarding our habitat historical and recent aerial photographs appropriate, and will similarly use this description for A. c. var. notatior, we are (Riverside County Flood Control District information in future actions related to providing the following information due photos from 1962, 1974, 1978, 1980, and the two taxa. to confusion in terms that have been 2010), with A. c. var. notatior soil • The references used in the used to describe the habitats and preferences (using soil maps from description heading of our Background locations where this taxon is found. Knecht 1971). This delineation also section in the proposed rule for both A. Atriplex coronata var. notatior is found includes the CNDDB-defined EOs and munzii and A. c. var. notatior have been in several herbaceous vegetation

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alliances and associations (Klein and information when determining the areas Proposed Revised Critical Habitat Evens 2005, pp. 60–62; Sawyer et al. that meet the definition of critical Designation section (77 FR 23027— 2009, pp. 871–872, 939–940), as well as habitat. We used a number of sources of 23029; September 11, 2012). A summary shrubland alliances (Klein and Evens information to define the boundaries for of these threats was provided in the 2005, p. 237) of western Riverside proposed Unit 1–San Jacinto River Special Management Considerations or County. Alliances are considered based on the physical or biological Protection section of the proposed rule generic units of vegetation based on a features essential to the conservation of (77 FR 23018; September 11, 2012). The dominate or diagnostic species this taxon, including, but not limited to, peer reviewer’s comment has also been presence, whereas associations are the results from the survey conducted in provided to Service biologists subdivisions of alliances based on 2000. overseeing implementation of characteristic understory or associated (5) Comment: Two peer reviewers conservation measures for A. c. var. taxa (Klein and Evens 2005, p. 9). provided comments regarding our notatior that are identified in the Atriplex coronata var. notatior is discussion in the Background section Western Riverside County MSHCP. associated with herbaceous vegetation for Atriplex coronata var. notatior in the (8) Comment: We received one identified as: Centromadia (as proposed revised rule clarifying other comment on the Summary of Changes Hemizonia) pungens subsp. laevis co-occurring native and nonnative section. The commenter noted our Unique Stands, Hordeum depressum Atriplex taxa as well as the seed discussion of the transplantation of Alliance, Lasthenia californica Alliance, viability of A. c. var. notatior. some populations of Allium munzii Plagiobothrys leptocladus Unique Our Response: We appreciate the within the proposed Subunit 2A– Stands, and Vernal Alkali Plain, Vernal information provided by the peer Sycamore Creek and requested that the Alkali Playa, and Vernal Pool Habitats reviewers regarding other Atriplex taxa proposed designation describe policies (Klein and Evens 2005, pp. 254, 256, and seed viability. As appropriate, we and procedures for allowing 260, 267, 274). It is also associated with have incorporated this information into transplantation or reseeding of both taxa the shrubland alliance Suaeda nigra (as sections of this rule, and will similarly and how they would meet the criteria moquinii) Alliance (Klein and Evens use this information in future actions for conserving both these species and 2005, p. 238). Sawyer et al. describes related to this taxon. their habitats. vegetation on a State-wide basis and, (6) Comment: One peer reviewer indicated that the PCEs for Atriplex Our Response: In our proposed unlike Klein and Evens, these critical habitat rules, we generally do descriptions are not based directly on coronata var. notatior appeared to be accurately described. not provide specifics on State laws or survey results. Sawyer et al. (2009, pp. conservation measures implemented for 850, 871, 940) recognize some of these Our Response: We appreciate the comment on this section of the rule, endangered plants as a result of vegetation types as Centromadia previous section 7 consultations. A (pungens) Herbaceous Alliance, which was revised from the previous proposed rule (2004) to better reflect the discussion of existing Federal and State Deinandra fasciculata Herbaceous regulatory mechanisms for both taxa can Alliance, and Lasthenia californica- PCEs for this taxon. (7) Comment: Two peer reviewers be found in our final listing rule (63 FR Plantago erecta-Festuca (as Vulpia) 54975; October 13, 1998). microstachys Herbaceous Alliance. The provided comments on the Special (9) Comment: Two peer reviewers two references cited above Management Considerations or commented on the maps included in the accommodate the known habitats Protection section of the proposed rule. proposed rule identifying the units and associated with A. c. var. notatior, such One reviewer indicated that the manure subunits of critical habitat. Both as alkali plain, alkali playa, and vernal dumping along the San Jacinto River pool habitats, as described in the should be more thoroughly discussed in reviewers recommended that the proposed rule, but generally do not the proposed rule, stating that this Service provide to the peer reviewers include sage scrub. However, the activity is the greatest threat to Atriplex more detailed overlays that better nomenclature for habitat descriptions coronata var. notatior. The second peer describe the proposed revised critical may differ between these two references reviewer indicated that a more thorough habitat boundaries in order to better and previously cited references. analysis of management considerations evaluate the proposed areas. (4) Comment: We received a comment for both taxa should have been included Our Response: The maps in the from one peer reviewer on our in this section, and that the critical proposed rule were prepared for discussion in the Background section habitat unit and subunit descriptions publication in the Federal Register, and for Atriplex coronata var. notatior in the should include more detail in order to were prepared in accordance with Code proposed revised rule regarding surveys evaluate management issues within the of Federal Regulations (CFR) (at 50 CFR for this taxon along the San Jacinto units and subunits. 17.94(b), 424.12(c), and 424.16(b) and River in 2000. The commenter stated Our Response: We appreciate the (c)(1)(ii)) for publishing textual and that soil amendments in this area since concerns of the peer reviewers relative mapping descriptions of proposed those surveys have impacted A. c. var. to impacts to Atriplex coronata var. critical habitat boundaries in the notatior; therefore, these earlier surveys notatior from soil amendment activities Federal Register. However, detailed do not accurately represent the current along the San Jacinto River. The issue of spatial data for the critical habitat units population status of this taxon. soil amendments, including manure for these taxa and other endangered or Our Response: We acknowledge the dumping, was discussed in the threatened species within the comment and the information provided proposed rule (Unit 1—San Jacinto jurisdiction of the Carlsbad Fish and as to activities that may have impacted River, 77 FR 23027–23028; April 17, Wildlife Office are available to the populations of Atriplex coronata var. 2012) and in our 2008 and 2012 5-year public in number of ways: (1) Through notatior in proposed Unit 1–San Jacinto reviews for A. c. var. notatior (Service a zip file that can be downloaded at our River. As noted in the proposed rule, 2008, pp. 6–10, 16; Service 2012b, pp. Web site, (2) by visiting the Field Office there have been no other comprehensive 17, 19). In our proposed rule, we also directly, or (3) through a CD mailed surveys for this taxon since the time of provided a discussion of the specific directly to the requester. In the future, listing to estimate current population threats for proposed critical habitat we will notify peer reviewers of the status. We used the best available units for A. c. var. notatior in our locations of this more detailed spatial

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data during our peer review request biological features essential to the Jacinto Wildlife Area on these soils may process. conservation of this taxon. provide an important seed source for the (10) Comment: Two peer reviewers In the case of plants such as Allium lower portions of the San Jacinto River. provided comments expressing their munzii and Atriplex coronata var. Our Response: We appreciate the disappointment in the areas identified notatior, we also consider that including comment and the recommendation for in the proposed rule for consideration of conservation measures to protect listed proposed Unit 1—San Jacinto River. In exclusion within the Western Riverside plants and their habitats in an HCP or defining the proposed critical habitat County MSHCP area as critical habitat, other conservation plan (where no boundaries for Unit 1—San Jacinto for both Allium munzii and Atriplex Federal nexus exists) is voluntary. In River unit, including the area contained coronata var. notatior. One peer contrast to listed wildlife species, the within the San Jacinto Wildlife Area, we reviewer stated that, as of 2012, 8 years Act does not prohibit take of listed evaluated the physical or biological after the Western Riverside County plants, and an incidental take permit features essential to the conservation of MSHCP was signed, there was little real under section 10 of the Act is not Atriplex coronata var. notatior, on the ground conservation, protection, required to authorize impacts to listed including PCE 2, the alkaline soils or management for A. c. var. notatior. plants. For this reason, we actively (primarily the Willows soil series) that Another peer reviewer stated that the support and encourage the voluntary are found in this region, and PCE 1, proposed designation does not inclusion of measures to protect listed wetland habitat including floodplains document how these plans would plants and their habitats in an HCP or and vernal pools. We determined that conserve or manage these proposed other conservation plan by plan Unit 1—San Jacinto River provides critical habitat areas and does not proponents. The prospect of potentially habitat and hydrological conditions address the issue of the long-term avoiding a designation of critical habitat (PCE1b) that can serve as a potential viability of these proposed subunits, for a plant provides a meaningful seed source for areas downstream from including maintaining hydrological incentive to plan proponents to extend the San Jacinto Wildlife Areas. As noted processes. protections for plants and their habitat in our response to Comment 2 above, under a conservation plan. Achieving the identification of the areas meeting Our Response: As noted in our comprehensive, landscape-level the definition of critical habitat in the response to Comment 1 above, the protection for plant species, including proposed revised rule may not include Secretary has the discretion to exclude (1) narrow endemic plant species, such all of the habitat that may eventually be an area from critical habitat under as A. munzii, and (2) those with limited determined to be necessary for the section 4(b)(2) of the Act after taking geographic distribution and specialized recovery of A. c. var. notatior, and into consideration the economic impact, habitat and management requirements, critical habitat designations do not the impact on national security, and any such as A. c. var. notatior, through their signal that habitat outside the other relevant impacts if he determines inclusion in regional conservation designation is unimportant or may not that the benefits of such exclusion plans, provides a key conservation contribute to recovery of the species. outweigh the benefits of designating benefit for these taxa. Our consideration Areas outside the final revised critical such area as critical habitat, unless he of the Western Riverside County habitat designation will continue to be determines that the exclusion would MSHCP under section 4(b)(2) of the Act subject to conservation actions result in the extinction of the species acknowledges the voluntary, proactive implemented under section 7(a)(1) of concerned. We concluded that the conservation measures undertaken by the Act, regulatory protections afforded benefits of exclusion outweigh the Riverside County to protect A. munzii by the section 7(a)(2) jeopardy standard, benefits of inclusion for lands covered and A. c. var. notatior under this plan. and the prohibitions of section 9 of the under the Western Riverside County Also included in the Land and Act. MSHCP, the Rancho Bella Vista HCP, Resource Management Plans, (12) Comment: One peer reviewer and the Southwestern Riverside Multi- Conservation Plans, or Agreements stated that the [draft] economic analysis species Reserve Cooperative Based on Conservation Partnerships of the proposed revised critical habitat Management Agreement. A detailed section above is a summary of the designation should have been provided discussion for this determination is management actions defined in the concurrently with the publication of the provided in the Land and Resource Western Riverside County MSHCP to be proposed rule. Management Plans, Conservation Plans, implemented for the two taxa that Our Response: We published our or Agreements Based on Conservation provide for conservation of the physical proposed critical habitat rule in Partnerships section above. Specifically, or biological features essential to the accordance with regulations in effect at we noted in that section that three conservation of the taxa, including the time of publication (50 CFR 424.19). parcels of lands within the proposed maintaining and enhancing the On August 24, 2012, Service and the critical habitat designation for A. c. var. floodplain processes of the San Jacinto National Marine Fisheries Service notatior have been purchased since River, Mystic Lake and upper Salt Creek published in the Federal Register a 2004, and have been incorporated into hydrological processes located within proposed rule to amend our the Western Riverside County MSHCP Unit 1—San Jacinto River and Unit 2— implementing regulations at 50 CFR Reserve and, since 2004, only 10 ac (4 Upper Salt Creek for A. c. var. notatior. 424.19 to clarify the instructions for ha) of habitat in the Upper Salt Creek (11) Comment: One peer reviewer making information available to the areas have been lost (Service 2012a; recommended that the proposed rule public, considering the impacts of Carlsbad Fish and Wildlife Office, GIS should have provided greater critical habitat designations, and Analysis). These actions provide consideration of populations of Atriplex considering exclusions from critical support for the effectiveness of the coronata var. notatior along the San habitat (77 FR 51503). These changes Western Riverside County MSHCP in Jacinto River floodplain that occupy are being proposed as directed by the reducing the threats to A. c. var. notatior intact alkali habitat because of concerns President’s February 28, 2012, and in addressing the special regarding changes in land uses in memorandum, which directed the management considerations or certain areas along the San Jacinto Secretary of the Interior to revise the protections necessary to ensure the River. More specifically, the regulations implementing the Act to long-term existence of the physical or populations that occur within the San provide that a DEA be completed and

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made available for public comment at this rule, we discuss implementation of may reduce the benefits of including an the time of publication of a proposed the Western Riverside County MSHCP area in the critical habitat designation to rule to designate critical habitat. That and other conservation plans and the extent that the protections provided August 24, 2012, proposed rule partnerships, and the provisions in under the plan may be comparable with accepted public comments for 60 days, these plans that provide significant conservation benefits of the critical ending October 23, 2012. The comment benefits for the conservation of Allium habitat designation. Moreover, in some period on the August 24, 2012, munzii and Atriplex coronata var. cases the benefits of exclusion in the proposed rule was then reopened from notatior and their habitats. form of sustaining and encouraging November 8, 2012, to February 6, 2013 However, our analysis did not focus partnerships that result in on the ground (77 FR 66946; November 8, 2012), to on the IA for the Western Riverside conservation of listed species may allow all interested parties additional County MSHCP, and we note that the outweigh the incremental benefits of time to review and comment on that IA, as described in the public comment, inclusion. In this case, we agree with proposed rule. The proposed revised does not require the Federal the commenter that excluding areas critical habitat designation was Government to exclude from critical covered by the Western Riverside developed prior to the publication of habitat those areas managed and County MSHCP will foster our this proposed amendment to our controlled under this HCP. Moreover, partnership. We have weighed the implementing regulations, and the we cannot anticipate non-participating benefits of exclusion against the benefits proposed amendment has not been entities nor reasonably conduct a of inclusion for lands covered by the finalized; therefore, we followed the specific analysis that accounts for Western Riverside County MSHCP, the past practice of making available the potential interfering actions of non- Rancho Bella Vista HCP, and the DEA after the proposed designation of permittees and their non-covered Southwestern Riverside County Multi- critical habitat had published. activities relative to implementation of species Reserve Cooperative the Western Riverside County MSHCP Management Agreement, and the Public Comments or other HCPs that are described in the Secretary is exercising his discretion to (13) Comment: We received one proposed rule. Under the IA, the exclude these areas from final critical public comment during the first implementation responsibility of the habitat designation. comment period supporting the Western Riverside County MSHCP is (15) Comment: One local agency exclusion of lands from the critical held by the Western Riverside County stated that existing or proposed drainage habitat designations on the basis of Regional Conservation Authority and facilities operated and maintained by operative HCPs described in the the other permittees. In addition, the the Riverside County Flood Control and proposed rule as long as the plans are Service’s Biological and Conference Water Conservation District within functioning properly and are designed Opinion for the issuance of the Western permittee-owned or -controlled lands to achieve recovery goals, but the Riverside County MSHCP permit under within the boundaries of the Western commenter noted that non-permittees section 10(a)(1)(B) of the Act contains a Riverside County MSHCP would be should not have this benefit. In provision for reinitiation of consultation negatively impacted if included in the addition, this commenter suggested that if, for example, new information reveals critical habitat designation, and the Service, in our exclusion analysis, effects of the agency action that may recommended that existing and should evaluate whether a non- affect listed species or critical habitat in proposed flood control facilities should permittee can ‘‘interfere’’ with a a manner or to an extent not considered be clearly excluded as proposed critical permittee’s ability to achieve the HCP’s in the opinion (Service 2004). habitat. The commenter also stated that conservation goals and objectives for the existing manmade drainage features Comments From Local Agencies Allium munzii and Atriplex coronata and structures do not contain some or var. notatior, asking whether the Service (14) Comment: Two local agencies all of the PCEs essential to the can foresee any non-participating provided comment letters in the first conservation of Allium munzii or entities in the plan area with such public comment period supporting our Atriplex coronata var. notatior. potential for interference. Further, the exclusion under section 4(b)(2) of the Our Response: As described above in commenter suggested that our exclusion Act of all permittee-owned or controlled the Criteria Used to Identify Critical determinations for these HCPs under lands that fall within the boundaries of Habitat section, when determining section 4(b)(2) of the Act should not the Western Riverside County MSHCP. critical habitat boundaries, we made focus on the Western Riverside County Specifically, one commenter supports every effort to avoid including MSHCP Implementing Agreement the exclusions of lands within the developed areas and related (which the commenter stated required Western Riverside County MSHCP infrastructure because these lands lack the Federal Government to exclude its because it fosters important and the physical or biological features covered areas from critical habitat beneficial relationships for creating necessary for the conservation of Allium designation), but rather on an analysis future HCPs for conserving species munzii and Atriplex coronata var. that accounts for interfering actions of habitat. notatior. To identify existing flood non-permittees that holds permittees Our Response: We appreciate the control features, proposed critical ‘‘harmless’’ against any additional comment supporting our consideration habitat unit boundaries were funding or mitigation for future critical of exclusions under section 4(b)(2) of determined at an appropriate scale habitat designations beyond those the Act. The Secretary may exercise his (1:4000 or less) using 2010 U.S. already contained within the HCP. discretion to exclude an area from Department of Agriculture (USDA) Our Response: We appreciate the critical habitat designation under National Agriculture Imagery Program comment supporting our consideration section 4(b)(2) of the Act if he concludes aerial photography. No existing artificial of exclusions under section 4(b)(2) of that the benefits of excluding an area canals are located within proposed the Act based on implementation of the outweigh the benefits of designation. critical habitat units or subunits for A. Western Riverside County MSHCP and Areas are not excluded based solely on munzii. For A. c. var. notatior, we other conservation plans and the existence of management plans or removed existing artificial canals when partnerships. In the Exclusions Based other conservation measures; however, mapping proposed critical habitat, to on Other Relevant Impacts section of we acknowledge the existence of a plan the extent practicable. Any such lands

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that are inadvertently left inside the (17) Comment: Two local agencies Atriplex coronata var. notatior, we critical habitat boundaries due to the stated that designating new critical performed a balancing analysis for the scale of mapping required for habitat within the Western Riverside areas covered by the Western Riverside publication in the Code of Federal County MSHCP boundaries for Allium County MSHCP under section 4(b)(2) of Regulations have been excluded by text munzii or Atriplex coronata var. the Act. We determined through our in the proposed and final rules and are notatior would create duplicative analysis that the benefits of excluding not designated critical habitat. However, regulatory efforts or redundant lands owned and controlled by we are not designating critical habitat regulation with negligible, if any, permittees under the Western Riverside for A. c. var. notatior. We did not benefits to the two taxa. Further, one of County MSHCP outweigh the benefits of receive a map from this commenting these commenters indicated that designating these areas, and the agency identifying specific locations of designating critical habitat for A. munzii Secretary is exercising his discretion to proposed flood control facilities. or A. c. var. notatior within the Western exclude these areas from critical habitat (16) Comment: One local agency, a Riverside County MSHCP area would designation. (See the discussion in Land permittee of the Western Riverside undermine future support of this HCP, and Resource Management Plans, County MSHCP, stated that the plan while excluding these lands fosters Conservation Plans, or Agreements provides several species-specific, important and beneficial relationships Based on Conservation Partnerships regional objectives to ensure the long- for creating and implementing HCPs section above for a detailed discussion term conservation of Allium munzii or that conserve species and their habitats. of this exclusion analysis). Atriplex coronata var. notatior. In Our Response: We appreciate the (19) Comment: One local agency addition, the commenter stated that comments and have considered them in commented that if new critical habitat because they and other permittees are our analysis under section 4(b)(2) of the was designated in Riverside County, the subject to applicable provisions of the Act of the areas covered by the Western final rule should provide clear guidance plan, including the requirement to Riverside County MSHCP. In this final related to section 7 consultations that contribute mitigation funding to help rule, we have determined that the provides written documentation of accomplish the regional conservation benefits of exclusion outweigh the compliance with the Western Riverside objectives, they and other permittees benefits of inclusion for lands covered County MSHCP from a permittee so as will ensure that the two plant taxa will by the Western Riverside County to allow the Service to either make a be conserved on a regional basis as MSHCP, the Rancho Bella Vista HCP, ‘‘no effect’’ determination or consult and the Southwestern Riverside County informally and in streamlined manner intended when the Service authorized Multi-species Reserve Cooperative with the permittee. The commenter the final Western Riverside County Management Agreement, and the added that additional mitigation beyond MSHCP. Secretary is exercising his discretion to that required by the Western Riverside Our Response: As discussed in the exclude these areas from final critical County MSHCP should not be required. Land and Resource Management Plans, habitat designation. Please see the Our Response: In this final rule, we Conservation Plans, or Agreements discussion in the Exclusions Based on have designated revised critical habitat Based on Conservation Partnerships Other Relevant Impacts section. in Riverside County only for Allium section of both the proposed revised (18) Comment: Two local agencies munzii, Elsinore Peak Unit, which is rule and this final revised rule, the provided comments specific to the IA within the general boundaries of the Western Riverside County MSHCP for the Western Riverside County previous designation at this location (70 provides a comprehensive, habitat- MSHCP. One commenter cited section FR 33015; June 7, 2005). As noted in the based approach to the protection of 14.10 of the IA, which states, in part, Final Critical Habitat Designation covered species, including Allium that ‘‘The USFWS agrees that, to the section above, 35.3 ac (14.3 ha) of the munzii and Atriplex coronata var. maximum extent allowable after public Elsinore Peak Unit, or about 36 percent, notatior, by focusing on lands essential review and comment, in the event that are owned and managed by the to the long-term conservation of the a Critical Habitat determination is made California State Lands Commission. The covered species and appropriate for any Covered Species Adequately remaining 63.1 ac (25.5 ha) are owned management of those lands (Western Covered, and unless the USFWS finds and managed by the U.S. Forest Service. Riverside County Regional Conservation that the MSHCP is not being Neither of these agencies are permittees Authority et al. 2003, p. 51). In addition, implemented, lands within the of the Western Riverside County the Western Riverside County MSHCP boundaries of the MSHCP will not be MSHCP. As noted in our FEA, any includes management actions and designated as Critical Habitat.’’ The future section 7 consultations would specific conservation objectives for both other commenter stated the IA prohibits likely only apply to activities on Federal A. munzii and A. c. var. notatior. We the Service from changing its position, lands (IEC 2012, pp. 4–5 (Exhibit 4–3), agree with the commenter’s conclusion and changed conditions do not exist nor 4–9—4–10, 4–11). that these objectives were based on a have any changed conditions been cited (20) Comment: One local agency landscape-level approach to by the Service since 2005 that would urged the Service to exclude all areas conservation and management, and necessitate or allow the Service to now covered by the Western Riverside provide ongoing protection and designate critical habitat for the two County MSHCP from designation of monitoring to these taxa and their taxa on Western Riverside County critical habitat for Allium munzii and habitats that benefit their long-term MSHCP lands. Atriplex coronata var. notatior based on conservation. We have determined that Our Response: The IA does not protections afforded the two taxa and the benefits of exclusion outweigh the preclude critical habitat designation their habitat by provisions contained benefits of inclusion for permittee- within the plan area (Dudek 2003, p. 6– within the Western Riverside County owned or -controlled lands within the 109; Western Riverside County RCA et MSHCP. The commenter submitted text Western Riverside County MSHCP al. 2003, p. 51). Consistent with our from the Western Riverside County boundaries, and the Secretary is commitment under the IA, and after MSHCP summarizing the landscape- exercising his discretion to exclude public review and comment on the level conservation, site-specific lands these areas from final critical proposed revised rule to designate considerations for known locations of habitat designation. critical habitat for Allium munzii and these species, and species-specific

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management considerations for other compelling reasons . . .’’ The munzii and Atriplex coronata var. locations in support of the plan’s ability commenter states that there is no notatior. The commenter stated that the to provide superior and comprehensive compelling reason for designating repair and maintenance of these protections for A. munzii or A. c. var. critical habitat for Allium munzii or facilities will require access to areas notatior and their habitats. Atriplex coronata var. notatior within identified in the proposed critical Our Response: See our response to the boundaries of the Western Riverside habitat designation in order to maintain Comments 10 and 14 above. County MSHCP because the plan and its safe and efficient operation of the (21) Comment: One local agency IA are being implemented and provide system. Therefore, the agency requested stated that they agree with the Service’s protections for the species and their that we exclude all lands covered by the prior assessments of exclusion of critical habitat within the plan area. Western Riverside County MSHCP, the habitat for the two taxa (proposed and Our Response: The Western Riverside Southwestern Riverside County final critical habitat rules) noting that County MSHCP and its IA indicate that MSHCP, and the Lake Mathews the Service has already found that the exclusion of permittee-owned and MSHCP/NCCP within the following unit Western Riverside County MSHCP is -controlled lands from critical habitat is and subunits: Subunit 4B—Skunk sufficient for the conservation and likely, but these are not guaranteed Hollow, Subunit 4C—Bachelor recovery of the two taxa in these assurances. As described in a recent Mountain, and Unit 5—North assessments, and that excluding the court decision (Bear Valley Mutual Domenigoni Hills for A. munzii, and Western Riverside County MSHCP area Water Co. et al. v. Salazar et al., SACV Unit 1—San Jacinto River and Unit 2— is consistent with these prior exclusions 11–01263 (C.D. Cal., decided October Upper Salt Creek for A. c. var. notatior. of areas within the MSHCP for 17, 2012)), if these assurances were Our Response: We appreciate the numerous other species’ critical habitat construed to be so rigid, then they might information provided by the agency designations. be beyond the Service’s authority regarding its mission and need for Our Response: Section 4(b)(2) of the because this interpretation would access to maintain and operate this Act requires us to make critical habitat excuse the Service’s congressionally public water supply system. In this final decisions on the basis of the best mandated duty under section 4 of the rule, we have weighed the benefits of available scientific and commercial Act. Regardless, we have weighed the exclusion against the benefits of information at the time the rule is made. benefits of exclusion against the benefits inclusion for lands covered by the Therefore, when designating critical of inclusion for lands covered by the Western Riverside County MSHCP and habitat, if the Secretary exercises his Western Riverside County MSHCP, and, the Southwestern Riverside County discretion to conduct a weighing based on the discussion of the Western Multi-species Reserve Cooperative analyses under section 4(b)(2) of the Riverside County MSHCP under the Management Agreement, and the Act, it is based on the best scientific and Land and Resource Management Plans, Secretary is exercising his discretion to commercial information then available, Conservation Plans, or Agreements exclude lands within these areas from not on decisions made in previous Based on Conservation Partnerships, the final critical habitat designation (see our critical habitat rules. As described in Secretary is exercising his discretion to analysis in the Land and Resource our Criteria Used to Identify Critical exclude lands covered by the Western Management Plans, Conservation Plans, Habitat section above, in determining Riverside County MSHCP from final or Agreements Based on Conservation which areas meet the definition of critical habitat designation. Partnerships section of this rule). This critical habitat, we considered (23) Comment: One local agency exclusion includes all of the proposed information provided in our 5-year stated that if areas in Riverside County critical habitat units and subunits for reviews for Allium munzii and Atriplex are included in the final revised critical Allium munzii and Atriplex coronata coronata var. notatior; CNDDB records; habitat rule, an economic analysis var. notatior identified in the agency’s reports submitted during consultations should evaluate both tangible and comment. under section 7 of the Act; analyses for intangible economic costs associated (25) Comment: One local agency individual and regional HCPs where A. with the conflicts between the final rule requested that we exempt all of a public munzii and A. c. var. notatior are and approved Western Riverside County agency’s operational rights-of-way from covered species; data collected from MSHCP. our critical habitat designation process reports submitted by researchers Our Response: As described in the based on their need to maintain and holding recovery permits under section Final Critical Habitat Designation operate a public water supply system. 10(a)(1)(A) of the Act; information section of this final rule, we are Our Response: Under the Act, received from local species experts; designating critical habitat only for exemptions from critical habitat are published and unpublished papers, Allium munzii on lands that are owned provided only under section 4(a)(3). reports, academic theses, or surveys; and managed by non-permittees of the Specifically, the National Defense GIS data (such as species population Western Riverside County MSHCP. In Authorization Act for Fiscal Year 2004 and location data, soil data, land use, addition, we determined in our FEA (Pub. L. 108–136) amended the Act to topography, aerial imagery, and (IEC 2012b) that any economic costs for limit areas eligible for designation as ownership maps); and previous peer critical habitat designations for either critical habitat. Section 4(a)(3)(B)(i) of review comments and other taxon would be restricted to the Act (16 U.S.C. 1533(a)(3)(B)(i)) correspondence with the Service from administrative costs for any new or provides: ‘‘The Secretary shall not recognized experts, some of which has reinitiated consultations. designate as critical habitat any lands or have been published since the 2005 (24) Comment: One local agency that other geographical areas owned or critical habitat designations. maintains and operates a supplemental controlled by the Department of (22) Comment: One local agency public water supply system for the Defense, or designated for its use, that referenced a letter from the Pacific southern California coastal plain are subject to an integrated natural Southwest Regional Director (dated May expressed concern over our proposed resources management plan prepared 21, 2011) to the Western Riverside designation and likely effects to its under section 101 of the Sikes Act (16 County RCA, quoting from the letter that operation of water transmission and U.S.C. 670a), if the Secretary determines ‘‘no critical habitat will be designated storage facilities on or adjacent to areas in writing that such plan provides a within the MSHCP unless there are proposed as critical habitat for Allium benefit to the species for which critical

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habitat is proposed for designation.’’ Public Comments on the Draft Economic Unit as critical habitat for Allium The lands requested for exemption do Analysis munzii. not fall within this definition. However, (27) Comment: One local agency Our Response: As a point of the rights-of-way areas identified by the commented on our discussion of clay clarification to this comment, all lands public agency are within areas that are mining activities and protections within the Elsinore Peak Unit are owned and managed by either the U.S. Forest being excluded (not exempted) from afforded to Allium munzii under the Service or the State Lands Commission. final critical habitat designation (see our Western Riverside County MSHCP (see As for our determination of critical response to Comment 24). DEA (IEC 2012a, pp. 3–5–3–6, 4–1) and habitat designation for Elsinore Peak (26) Comment: One local agency 77 FR 55791, September 11, 2012). The Unit, please see our response to commented on the September 11, 2012, commenter disagreed with our Comment 26 and discussion in this final publication (77 FR 55788) regarding our determination that there is some dispute rule under the Final Critical Habitat correction in elevation for PCEs 2(i)(B) as to whether local permittees have and (2)(ii) for Allium munzii, Designation section. jurisdiction over clay mining for the (29) Comment: One local agency particularly its relationship to our plan as described in our DEA. The proposed critical habitat designation of commented on our determination of commenter stated that clay mining in administrative costs for future section 7 Elsinore Peak Unit (Unit 3—Elsinore new areas not subject to vested rights is Peak of the proposed rule). The agency consultations within areas covered by covered by the Western Riverside the Western Riverside County MSHCP. stated that the September 11, 2012, County MSHCP through the local publication (77 FR 55788) revised the Specifically, the commenter cited our jurisdictions’ discretionary authority for discussions in the DEA regarding the previously reported boundaries for the reviewing those mining activities. unit, and requested that these ‘‘newly need for reinitiation of our biological Our Response: As described in section opinion for the Western Riverside identified lands’’ be considered for 3.3 of the DEA, the analysis assumes County MSHCP, our costs for this exclusion based on previous comments mining activities will be covered under reinitiation, and our factoring of these provided for the April 17, 2012, the Western Riverside County MSHCP costs into the incremental costs for the proposed rule (77 FR 23008). in cases where local jurisdictions within proposed critical habitat designations. Our Response: The September 11, the plan area require land use permits. The commenter stated that these 2012, publication did not revise the This is consistent with the statement monetary costs add needless red tape boundaries of any proposed critical provided in the comment. Any new and waste where an existing plan (that habitat units or subunits for Allium mining operation proposed within lands is, the Western Riverside County munzii (77 FR 55790). The proposed covered by the Western Riverside MSHCP) already conserves habitat in revision only provided a correction to County MSHCP would be required to go the same manner provided under the textual description of the upper through Riverside County’s review section 7 consultations, and therefore elevation for these two PCEs. The process and would be subject to the adequately protects Allium munzii and proposed Elsinore Peak Unit (Unit 3) provisions of the Western Riverside Atriplex coronata var. notatior. boundary did not change as a result of County MSHCP. However, entities who Our Response: The commenter is this correction. As to the comment have existing permits are considered correct that the DEA estimates solely requesting consideration for exclusion exempt from the requirements of the administrative impacts associated with of the Elsinore Peak Unit (based on Western Riverside County MSHCP. It is the designation of proposed revised comments previously submitted by this our understanding that Riverside critical habitat for both taxa. The DEA commenter regarding the Western County will make the determination as notes in section 3.3 that lands subject to Riverside County MSHCP, see to the appropriate category for a mining the Western Riverside County MSHCP Comments 14, 17, and 20 above), we operation. Regardless, the DEA finds were then being considered for indicated in our proposed rule that that future mining activity is unlikely to exclusion as a result of the baseline Elsinore Peak Unit (Unit 3) contains occur within proposed critical habitat protections afforded the plants. See our lands owned and managed by the U.S. and does not estimate any incremental responses to Comments 10 and 14 above Forest Service or the California State impacts to mining activities as a result regarding our exclusion analysis for the Lands Commission. As discussed in the of critical habitat designation. The FEA Western Riverside County MSHCP. Final Critical Habitat Designation includes a note in response to this (30) Comment: One local agency section (for A. munzii) of this final rule, comment indicating that, in most cases, commented specifically on the DEA the U.S. Forest Service and the State clay mining is expected to be a covered discussion of section 7 consultation Lands Commission are not permittees activity under the Western Riverside requirements (Appendix C). The under the Western Riverside County County MSHCP (IEC 2012b, p. 3–6). commenter stated that designating MSHCP; therefore, land use activities (28) Comment: One local agency critical habitat will essentially result in implemented by these entities are not stated that the final rule should consider no change to the consultation process in considered covered activities under the our determination in the DEA that the proposed critical habitat units plan. Only discretionary actions under critical habitat designation in Elsinore because all units are considered the control of a permittee are covered Peak Unit (proposed Unit 3—Elsinore occupied and because Federal agencies activities under the Western Riverside Peak) (which the commenter stated and project proponents are already County MSHCP. In addition, the lands contains some Federal lands and required to consult with the Service to owned and managed by the State Lands California State Land Commission lands ensure actions ‘‘authorized, funded, or Commission within this critical habitat outside the jurisdiction of the Western carried out will not jeopardize the unit are not included as part of the Riverside County MSHCP) would not continued existence of’’ Allium munzii conceptual reserve design of the change the outcome of anticipated and Atriplex coronata var. notatior. Western Riverside County MSHCP. In consultations for ORV regulation or U.S. Our Response: The commenter is this final rule, we have not excluded Forest Service land management plans. correct that conservation measures areas within Elsinore Peak Unit from The commenter stated that the Service requested by the Service following the critical habitat designation under should find that there is no benefit to designation of critical habitat are, in section 4(b)(2) of the Act. designating lands within Elsinore Peak most cases, likely to be substantially the

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same as those requested under the inclusion for lands covered by the have a significant economic impact on baseline (IEC 2012a, p. 4–2). However, Western Riverside County MSHCP. a substantial number of small entities. the DEA states that a conservative Based on the discussion of the Western Because no critical habitat is being approach was taken to capture a small Riverside County MSHCP under the designated for Atriplex coronata var. level of uncertainty in future Land and Resource Management Plans, notatior, we are certifying that the final consultations where a more extensive Conservation Plans, or Agreements critical habitat determination for that effort may be necessary to ensure that a Based on Conservation Partnerships taxon will not have a significant project avoids adverse modification of section of this rule, the Secretary is economic impact on a substantial critical habitat (IEC 2012a, p. ES–8). exercising his discretion to exclude number of small entities. Additionally, This would result in an overestimation lands covered by the Western Riverside in this final rule, we are certifying that of these costs (IEC 2012a, p. 4–19). County MSHCP from final critical the critical habitat designation for Nevertheless, the DEA (IEC 2012a, p. 4– habitat designation. Allium munzii will not have a 8) states that the assumption was made significant economic impact on a that the outcome of a section 7 Required Determinations substantial number of small entities. consultation is unlikely to be affected by Regulatory Planning and Review— The following discussion explains our the presence of critical habitat, and that Executive Orders 12866 and 13563 rationale. direct incremental impacts are likely to According to the Small Business Executive Order 12866 provides that be limited to minor administrative costs Administration, small entities include the Office of Information and Regulatory associated with addressing adverse small organizations, such as Affairs (OIRA) will review all significant modification in section 7 consultations. independent nonprofit organizations; (31) Comment: One local agency rules. The OIRA has determined that small governmental jurisdictions, commented on our determination of this rule is not significant. including school boards and city and actions that might trigger an analysis of Executive Order 13563 reaffirms the town governments that serve fewer than adverse modification versus those that principles of Executive Order 12866 50,000 residents; as well as small might be required as ‘‘additional while calling for improvements in the businesses. Small businesses include conservation measures’’ in a section 7 nation’s regulatory system to promote manufacturing and mining concerns consultation. The commenter stated that predictability, to reduce uncertainty, with fewer than 500 employees, our identification of these potential and to use the best, most innovative, wholesale trade entities with fewer than adverse modification actions should be and least burdensome tools for 100 employees, retail and service more than speculation. Further, the achieving regulatory ends. The businesses with less than $5 million in commenter stated that the identified executive order directs agencies to annual sales, general and heavy conservation measures are already being consider regulatory approaches that construction businesses with less than implemented under the requirements of reduce burdens and maintain flexibility $27.5 million in annual business, the Western Riverside County MSHCP. and freedom of choice for the public special trade contractors doing less than The commenter therefore believes that where these approaches are relevant, $11.5 million in annual business, and the final rule should indicate that there feasible, and consistent with regulatory agricultural businesses with annual is no benefit to designating critical objectives. Executive Order 13563 sales less than $750,000. To determine habitat in the Western Riverside County emphasizes further that regulations if potential economic impacts on these MSHCP area and that the Western must be based on the best available small entities are significant, we Riverside County MSHCP area should science and that the rulemaking process consider the types of activities that be excluded from the critical habitat must allow for public participation and might trigger regulatory impacts under designations for both Allium munzii and an open exchange of ideas. We have this rule, as well as the types of project Atriplex coronata var. notatior. developed this rule in a manner modifications that may result. In Our Response: Our determination of consistent with these requirements. general, the term ‘‘significant economic actions that may require an adverse Regulatory Flexibility Act (5 U.S.C. 601 impact’’ is meant to apply to a typical modification analysis under section et seq.) small business firm’s business 7(a)(2) of the Act are not speculative. operations. We evaluated threats that may require Under the Regulatory Flexibility Act To determine if the rule could special management considerations or (RFA; 5 U.S.C. 601 et seq.), as amended significantly affect a substantial number protection of the physical or biological by the Small Business Regulatory of small entities, we consider the features for both taxa (see the Critical Enforcement Fairness Act (SBREFA) of number of small entities affected within Habitat section above) to identify these 1996 (5 U.S.C 801 et seq.), whenever an particular types of economic activities activities. agency must publish a notice of (for example, development, agricultural Section 3.3 of the DEA lists general rulemaking for any proposed or final operations, transportation, fire conservation efforts undertaken for rule, it must prepare and make available management, mining, recreational activities covered by the Western for public comment a regulatory activities, flood control, and utilities). Riverside County MSHCP, including flexibility analysis that describes the We apply the ‘‘substantial number’’ test those described in the comment. The effects of the rule on small entities individually to each industry to overlap in conservation efforts required (small businesses, small organizations, determine if certification is appropriate. by the Western Riverside County and small government jurisdictions). However, the SBREFA does not MSHCP and those potentially However, no regulatory flexibility explicitly define ‘‘substantial number’’ recommended to avoid adverse analysis is required if the head of an or ‘‘significant economic impact.’’ modification of critical habitat leads to agency certifies the rule will not have a Consequently, to assess whether a the conclusion in the DEA that critical significant economic impact on a ‘‘substantial number’’ of small entities is habitat will have a limited incremental substantial number of small entities. affected by this designation, this impact on activities covered by the The SBREFA amended the RFA to analysis considers the relative number Western Riverside County MSHCP. require Federal agencies to provide a of small entities likely to be impacted in We have weighed the benefits of certification statement of the factual an area. In some circumstances, exclusion against the benefits of basis for certifying that the rule will not especially with critical habitat

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designations of limited extent, we may associated with the remaining re- use. Because we are not designating any aggregate across all industries and initiation of section 7 consultation for critical habitat for Atriplex coronata var. consider whether the total number of the Western Riverside County MSHCP notatior, the final critical habitat small entities affected is substantial. In may be borne by small entities, and thus determination for this taxon will not estimating the number of small entities were the focus of the FEA threshold affect energy supplies, distribution, or potentially affected, we also consider analysis. use. Therefore, this action is not a whether their activities have any The FEA presented information on significant energy action, and no Federal involvement. both the number of small entities that Statement of Energy Effects is required. Designation of critical habitat only may be affected and the magnitude of affects activities authorized, funded, or the expected impacts. Total third-party Unfunded Mandates Reform Act (2 carried out by Federal agencies. Some costs to the 24 permittees of the Western U.S.C. 1501 et seq.) kinds of activities are unlikely to have Riverside County MSHCP for re- In accordance with the Unfunded any Federal involvement and so will not initiating the consultation of the Mandates Reform Act (2 U.S.C. 1501 et be affected by critical habitat Western Riverside County MSHCP were seq.), we make the following findings: designation. In areas where the species estimated at $6,900 (IEC 2012b, p. ES– (1) This rule will not produce a is present, Federal agencies already are 18). If those costs are spread across all Federal mandate. In general, a Federal required to consult with us under 24 permittees, the per-entity one-time mandate is a provision in legislation, section 7 of the Act on activities they impact is $270 (IEC 2012b, p. A–8). This statute, or regulation that would impose authorize, fund, or carry out that may is not anticipated to present a an enforceable duty upon State, local, or affect Allium munzii and Atriplex significant impact to any of the seven tribal governments, or the private sector, coronata var. notatior. Federal agencies small jurisdictions. Even if we applied and includes both ‘‘Federal also must consult with us if their the most conservative assumption that intergovernmental mandates’’ and activities may affect critical habitat. all of the third-party costs are borne by ‘‘Federal private sector mandates.’’ Designation of critical habitat, therefore, a single small entity, the one-time These terms are defined in 2 U.S.C. could result in an additional economic impact is 0.2 percent of reported annual 658(5)–(7). ‘‘Federal intergovernmental impact on small entities due to the revenues (IEC 2012b, p. A–8). mandate’’ includes a regulation that requirement to reinitiate consultation In summary, we considered whether ‘‘would impose an enforceable duty for ongoing Federal activities (see this designation would result in a upon State, local, or tribal governments’’ Application of the ‘‘Adverse significant economic impact on a with two exceptions. It excludes ‘‘a Modification’’ Standard section). substantial number of small entities. condition of Federal assistance.’’ It also In our FEA of the critical habitat Based on the above reasoning and excludes ‘‘a duty arising from designation, we evaluated the potential information in the economic analysis, participation in a voluntary Federal economic effects on small business we are certifying that the designation of program,’’ unless the regulation ‘‘relates entities resulting from conservation critical habitat for Allium munzii will to a then-existing Federal program actions related to the incremental not have a significant economic impact under which $500,000,000 or more is impacts of the designation of critical on a substantial number of small provided annually to State, local, and habitat for Allium munzii. The analysis entities, and a regulatory flexibility tribal governments under entitlement is based on the estimated incremental analysis is not required. authority,’’ if the provision would impacts associated with the rulemaking ‘‘increase the stringency of conditions of Energy Supply, Distribution, or Use— as described in Chapters 1 through 4 assistance’’ or ‘‘place caps upon, or Executive Order 13211 and Appendix A of the analysis and otherwise decrease, the Federal evaluates the potential for economic Executive Order 13211 (Actions Government’s responsibility to provide impacts related to: (1) Development, (2) Concerning Regulations That funding,’’ and the State, local, or tribal agricultural operations, (3) Significantly Affect Energy Supply, governments ‘‘lack authority’’ to adjust transportation, (4) fire management, (5) Distribution, or Use) requires agencies accordingly. At the time of enactment, mining, and (6) recreational activities. to prepare Statements of Energy Effects these entitlement programs were: For Allium munzii, our FEA estimated when undertaking certain actions. OMB Medicaid; Aid to Families with incremental administrative costs for has provided guidance for Dependent Children work programs; section 7 consultations to review implementing this Executive Order that Child Nutrition; Food Stamps; Social projects covered by existing outlines nine outcomes that may Services Block Grants; Vocational conservation plans; re-initiated constitute ‘‘a significant adverse effect’’ Rehabilitation State Grants; Foster Care, programmatic consultations for all when compared to not taking the Adoption Assistance, and Independent existing conservation plans and regulatory action under consideration. Living; Family Support Welfare agreements; one new formal Our FEA states that the designation of Services; and Child Support consultation with the U.S. Forest critical habitat for Allium munzii is Enforcement. ‘‘Federal private sector Service; and one programmatic anticipated to result in minor third- mandate’’ includes a regulation that consultation for revisions to the party administrative costs of $875 to ‘‘would impose an enforceable duty Cleveland National Forest Land Southern California Edison (IEC 2012b, upon the private sector, except (i) a Management Plan Strategy (IEC 2012b, p. A–10). This impact is unlikely to condition of Federal assistance or (ii) a p. A–4). The FEA determined that the increase the cost of energy distribution duty arising from participation in a following activities are not expected to in excess of one percent. voluntary Federal program.’’ affect small entities: (1) Review of Thus, based on information in the The designation of critical habitat projects covered by existing economic analysis, energy-related does not impose a legally binding duty conservation plans, (2) re-initiations of impacts associated with Allium munzii on non-Federal Government entities or three existing conservation plans and conservation activities within critical private parties. Under the Act, the only agreements, and (3) section 7 habitat are not expected. As such, the regulatory effect is that Federal agencies consultations involving the U.S. Forest designation of critical habitat for this must ensure that their actions do not Service (IEC 2012, p. A–4–A–6). species is not expected to significantly adversely modify critical habitat under However, incremental impacts affect energy supplies, distribution, or section 7. While non-Federal entities

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that receive Federal funding, assistance, Federalism—Executive Order 13132 modified by any accompanying or permits, or that otherwise require In accordance with Executive Order regulatory text, and identifies the approval or authorization from a Federal 13132 (Federalism), this rule does not elements of physical or biological agency for an action, may be indirectly have significant Federalism effects. A features essential to the conservation of impacted by the designation of critical federalism impact summary statement is A. munzii within the designated areas to habitat, the legally binding duty to not required. In keeping with assist the public in understanding the avoid adverse modification of critical Department of the Interior and habitat needs of the species. habitat rests squarely on the Federal Department of Commerce policy, we Paperwork Reduction Act of 1995 (44 agency. Furthermore, to the extent that requested information from, and U.S.C. 3501 et seq.) non-Federal entities are indirectly coordinated development of, this impacted because they receive Federal This rule does not contain any new critical habitat designation with collections of information that require assistance or participate in a voluntary appropriate State resource agencies in Federal aid program, the Unfunded approval by OMB under the Paperwork California. We did not receive any Reduction Act of 1995 (44 U.S.C. 3501 Mandates Reform Act would not apply, comments from these agencies. Because nor would critical habitat shift the costs et seq.). This rule will not impose we are not designating critical habitat in recordkeeping or reporting requirements of the large entitlement programs listed this final rule for Atriplex coronata var. above onto State governments. on State or local governments, notatior, the final critical habitat individuals, businesses, or (2) We do not believe that this rule determination for this taxon will not organizations. An agency may not will significantly or uniquely affect impose any restrictions additional to conduct or sponsor, and a person is not small governments because it would not those currently in place. The required to respond to, a collection of produce a Federal mandate of $100 designation of critical habitat in areas information unless it displays a million or greater in any year; that is, it currently occupied by Allium munzii is currently valid OMB control number. is not a ‘‘significant regulatory action’’ not expected to impose additional under the Unfunded Mandates Reform restrictions to those currently in place National Environmental Policy Act (42 Act. The FEA concludes incremental and, therefore, has little incremental U.S.C. 4321 et seq.) impacts may occur due to impact on State and local governments It is our position that, outside the administrative costs of section 7 and their activities. The designation of jurisdiction of the U.S. Court of Appeals consultations for development, critical habitat for A. munzii may have for the Tenth Circuit, we do not need to transportation, and flood control some benefit to these governments in prepare environmental analyses projects; however, none of the entities that the areas that contain the physical pursuant to the National Environmental potentially affected are considered to be or biological features essential to the Policy Act (NEPA; 42 U.S.C. 4321 et small governments. Consequently, we conservation of the species are more seq.) in connection with designating do not believe that the critical habitat clearly defined, and the elements of the critical habitat under the Act. We designation will significantly or features of the habitat necessary to the published a notice outlining our reasons uniquely affect small government conservation of the species are for this determination in the Federal entities. As such, a Small Government specifically identified. This information Register on October 25, 1983 (48 FR Agency Plan is not required. does not alter where and what federally 49244). This position was upheld by the Takings—Executive Order 12630 sponsored activities may occur. U.S. Court of Appeals for the Ninth However, it may assist local Circuit (Douglas County v. Babbitt, 48 In accordance with Executive Order governments in long-range planning. F.3d 1495 (9th Cir. 1995), cert. denied 12630 (Government Actions and Where State and local governments 516 U.S. 1042 (1996)). Interference with Constitutionally require approval or authorization from a Government-to-Government Protected Private Property Rights), we Federal agency for actions that may Relationship With Tribes have analyzed the potential takings affect critical habitat, consultation implications of designating critical under section 7(a)(2) would be required. In accordance with the President’s habitat for Allium munzii in a takings While non-Federal entities that receive memorandum of April 29, 1994 implications assessment. Because we Federal funding, assistance, or permits, (Government-to-Government Relations are not designating critical habitat in or that otherwise require approval or with Native American Tribal this final rule for Atriplex coronata var. authorization from a Federal agency for Governments; 59 FR 22951), Executive notatior, we did not include an analysis an action, may be indirectly impacted Order 13175 (Consultation and for this taxon in the takings implications by the designation of critical habitat, the Coordination With Indian Tribal assessment. As discussed above, the legally binding duty to avoid adverse Governments), and the Department of designation of critical habitat affects modification of critical habitat rests the Interior’s manual at 512 DM 2, we only Federal actions. Although private squarely on the Federal agency. readily acknowledge our responsibility parties that receive Federal funding, to communicate meaningfully with assistance, or require approval or Civil Justice Reform—Executive Order recognized Federal Tribes on a authorization from a Federal agency for 12988 government-to-government basis. In an action may be indirectly impacted by In accordance with Executive Order accordance with Secretarial Order 3206 the designation of critical habitat, the 12988 (Civil Justice Reform), the Office of June 5, 1997 (American Indian Tribal legally binding duty to avoid adverse of the Solicitor has determined that the Rights, Federal-Tribal Trust modification of critical habitat rests rule does not unduly burden the judicial Responsibilities, and the Endangered squarely on the Federal agency. The system and that it meets the applicable Species Act), we readily acknowledge takings implications assessment standards set forth in sections 3(a) and our responsibilities to work directly concludes that this designation of 3(b)(2) of the Order. We are designating with tribes in developing programs for critical habitat for A. munzii does not critical habitat in accordance with the healthy ecosystems, to acknowledge that pose significant takings implications for provisions of the Act. The final critical tribal lands are not subject to the same lands within or affected by the habitat designation for Allium munzii is controls as Federal public lands, to designation. defined by the map or maps, as remain sensitive to Indian culture, and

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to make information available to tribes. www.regulations.gov and upon request Code of Federal Regulations, as set forth We determined that there are no tribal from the Field Supervisor, Carlsbad Fish below: lands within the geographical area and Wildlife Office (see FOR FURTHER occupied by Allium munzii or Atriplex INFORMATION CONTACT). PART 17—[AMENDED] coronata var. notatior at the time of Authors listing that contain the physical or ■ 1. The authority citation for part 17 biological features essential to the The primary authors of this continues to read as follows: rulemaking are the staff members of the conservation of the taxa, and no tribal Authority: 16 U.S.C. 1361–1407, 1531– lands outside the geographical area Carlsbad Fish and Wildlife Office, Pacific Southwest Region, U.S. Fish and 1544, and 4201–4245; Pub. L. 99–625, 100 occupied by A. munzii and A. c. var. Stat. 3500; unless otherwise noted. notatior at the time of listing that are Wildlife Service. essential for the conservation of the two List of Subjects in 50 CFR Part 17 ■ 2. Amend § 17.12(h) by revising the taxa. Therefore, we are not designating entry for ‘‘Allium munzii’’ under Endangered and threatened species, critical habitat for A. munzii on tribal ‘‘FLOWERING PLANTS’’ in the List of Exports, Imports, Reporting and lands. No critical habitat is designated Endangered and Threatened Plants to recordkeeping requirements, for A. c. var. notatior in this final rule. read as follows: Transportation. References Cited Regulation Promulgation § 17.12 Endangered and threatened plants. A complete list of all references cited Accordingly, we amend part 17, * * * * * is available on the Internet at http:// subchapter B of chapter I, title 50 of the (h) * * *

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

******* FLOWERING PLANTS

******* Allium munzii ...... Munz’s onion ...... U.S.A. (CA) Alliaceae ...... E ...... 650 17.96 (a) NA

*******

■ 3. Amend § 17.96(a) as follows: that may be found as unmapped occasionally in cismontane juniper ■ a. Under Family Liliaceae, remove the inclusions in other soil series, or soil woodlands; or designation of critical habitat for series of sedimentary or igneous origin (ii) Outcrops of igneous rocks ‘‘Allium munzii (Munz’s onion)’’; and with a clay subsoil (for example, (pyroxenite) on rocky-sandy loam or ■ b. Add Family Alliaceae and a Cajalco, Las Posas, Vallecitos): clay soils within Riversidean sage scrub, designation of critical habitat for (A) Found on level or slightly sloping generally between the elevations of ‘‘Allium munzii (Munz’s onion)’’. landscapes or terrace escarpments; 1,200 to 3,500 ft (366 to 1,067 m) above The addition reads as follows: (B) Generally between the elevations mean sea level. of 1,200 to 3,500 ft (366 to 1,067 m) (3) Critical habitat does not include § 17.96 Critical habitat—plants. above mean sea level; (a) * * * (C) Within intact natural surface and manmade structures (such as buildings, subsurface structures that have been aqueducts, runways, roads, and other Family Alliaceae: Allium munzii minimally altered or unaltered by paved areas) and related infrastructure, (Munz’s onion) ground-disturbing activities (for and the land on which they are located (1) Critical habitat units are depicted example, disked, graded, excavated, or existing within the legal boundaries on for Riverside County, California, on the recontoured); May 16, 2013. maps below. (D) Within microhabitats that receive (4) Critical habitat map units. Data (2) Within these areas, the primary or retain more moisture than layers defining map units were created constituent elements of the physical or surrounding areas, due in part to factors using a base of USDA digital ortho- biological features essential to the such as exposure, slope, and subsurface photos of Riverside County, California. conservation of Allium munzii consist geology; and Critical habitat units were then defined of two components: (E) Part of open native or nonnative using Universal Transverse Mercator (i) Clay soil series of sedimentary grassland plant communities and clay (UTM) Zone 11, North American Datum origin (for example, Altamont, Auld, soil flora, including southern (NAD) 1983 coordinates. Bosanko, Porterville), clay lenses needlegrass grassland, mixed grassland, (5) Index map follows: (pockets of clay soils) of those series and open coastal sage scrub or BILLING CODE 4310–55–P

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(6) Elsinore Peak Unit, Riverside County, California. Map of Elsinore Peak Unit, follows:

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* * * * * Dated: March 28, 2013. Rachel Jacobsen, Principal Deputy, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2013–08364 Filed 4–15–13; 8:45 am] BILLING CODE 4310–55–C

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