Vol. 79 Tuesday, No. 87 May 6, 2014

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revision of Critical Habitat for Salt Creek Tiger Beetle; Final Rule

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DEPARTMENT OF THE INTERIOR CONTACT). Any additional tools or tiger beetle. The critical habitat areas we supporting information that we are designating in this rule constitute Fish and Wildlife Service developed for this critical habitat our current best assessment of the areas designation will also be available at the that meet the definition of critical 50 CFR Part 17 Fish and Wildlife Service Web site and habitat for the Salt Creek tiger beetle. In [Docket No. FWS–R6–ES–2013–0068; Field Office set out above, and may also total, we are designating 1,110 ac (449 4500030114] be included in the preamble and at ha) as critical habitat for the Salt Creek http://www.regulations.gov. tiger beetle in Lancaster and Saunders RIN 1018–AY56 FOR FURTHER INFORMATION CONTACT: Counties in Nebraska. This critical habitat designation includes saline Endangered and Threatened Wildlife Eliza Hines, Acting Field Supervisor, U.S. Fish and Wildlife Service, wetlands and streams associated with and Plants; Revision of Critical Habitat Little Salt Creek and encompasses all for Salt Creek Tiger Beetle Nebraska Ecological Services Field Office, 203 West Second Street, Federal three habitat areas occupied by the AGENCY: Fish and Wildlife Service, Building, Grand Island, NE 68801; subspecies at the time of listing. It also Interior. telephone 308–382–6468; facsimile includes saline wetlands and streams ACTION: Final rule. 308–384–8835. If you use a associated with Rock Creek and Oak telecommunications device for the deaf Creek that are currently unoccupied, but SUMMARY: We, the U.S. Fish and (TDD), call the Federal Information supported the subspecies less than 20 Wildlife Service (Service), revise the Relay Service (FIRS) at 800–877–8339. years ago. Our designation also includes critical habitat designation for the Salt segments of Haines Branch Creek SUPPLEMENTARY INFORMATION: Creek tiger beetle (Cicindela nevadica because this area has the potential to lincolniana) under the Endangered Executive Summary provide suitable habitat for the Salt Creek tiger beetle and its inclusion will Species Act of 1973, as amended (Act). Why we need to publish a rule. This reduce the risk of the subspecies’ In total, approximately 1,110 acres (ac) document is a final rule to designate extinction by providing redundancy in (449 hectares (ha)) in Lancaster and revised critical habitat for the available habitat throughout multiple Saunders Counties, Nebraska, fall endangered Salt Creek tiger beetle. This creeks. Due to the presence of suitable within the boundaries of our revised final rule fulfills the terms of a habitat, we believe that the Salt Creek critical habitat designation. Publication settlement agreement reached on June 7, tiger beetle occurred in Haines Branch of this final rule fulfills our obligations 2011 (see Previous Federal Actions). Creek historically; however, they have under a settlement agreement. The effect Under the Endangered Species Act not been documented in this location of this regulation is to conserve the Salt (Act), any species that is determined to Creek tiger beetle and its habitat under due to minimal survey effort relative to be endangered or threatened requires the annual surveys done at Little Salt, the Act. critical habitat to be designated, to the DATES: This rule is effective on June 5, Rock, and Oak Creeks. maximum extent prudent and Peer review and public comment. We 2014. determinable. Designations and sought comments from appropriate and ADDRESSES: This final rule is available revisions of critical habitat can only be independent specialists to ensure that on the Internet at http:// completed by issuing a rule. our designation is based on www.regulations.gov, at http:// The basis for our action. We listed the scientifically sound data and analyses. www.fws.gov/mountain-prairie/species/ Salt Creek tiger beetle as an endangered We obtained opinions from four invertebrates/saltcreektiger/, and at the species on October 6, 2005 (70 FR knowledgeable individuals with Nebraska Ecological Services Field 58335), and we designated critical scientific expertise to review our Office. Comments and materials we habitat for the subspecies on April 6, technical assumptions and analysis, and received, as well as supporting 2010 (75 FR 17466). On June 4, 2013, we whether or not we had used the best documentation we used in preparing published in the Federal Register a available information. These peer this rule, are available for public proposed revision to the critical habitat reviewers supported the redundancy of inspection at http:// designation for the Salt Creek tiger habitat proposed for designation, but www.regulations.gov. All of the beetle (78 FR 33282). Section 4(b)(2) of were concerned about the viability of comments, materials, and the Act states that the Secretary shall existing Salt Creek tiger beetle documentation that we considered in designate and make revisions to critical populations, small size of units this rulemaking are available by habitat on the basis of the best available proposed for designation, and potential appointment, during normal business scientific data after taking into for the subspecies’ recovery. Peer hours at: U.S. Fish and Wildlife Service, consideration the economic impact, reviewers also provided additional Nebraska Ecological Services Field national security impact, and any other information, clarifications, and Office, 203 West Second Street, Federal relevant impact of specifying any suggestions to improve this final rule. Building, Grand Island, NE 68801; particular area as critical habitat. The Information we received from peer telephone 308–382–6468; facsimile Secretary may exclude an area from review is incorporated in this final 308–384–8835. critical habitat if she determines that the revised designation. We also considered The coordinates or plot points or both benefits of such exclusion outweigh the all comments and information we from which the maps are generated are benefits of specifying such area as part received from the public during both included in the administrative record of the critical habitat, unless she comment periods. for this critical habitat designation and determines, based on the best scientific We prepared an economic analysis of are available at http:// data available, that the failure to the designation of critical habitat. In www.regulations.gov at Docket No. designate such area as critical habitat order to consider economic impacts, we FWS–R6–ES–2013–0068, at http:// will result in the extinction of the prepared an analysis of the economic www.fws.gov/mountain-prairie/species/ species. No areas have been excluded impacts of the critical habitat invertebrates/saltcreektiger/, and at the from the critical habitat designation. designation for the Salt Creek tiger Nebraska Ecological Services Field This final rule will designate critical beetle and related factors. We Office (see FOR FURTHER INFORMATION habitat for the endangered Salt Creek announced the availability of the draft

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economic analysis (DEA) in the Federal to list the subspecies as endangered The presence of Salt Creek tiger beetles; Register on March 13, 2014 (79 FR published on October 6, 2005 (70 FR (2) the presence of one or more rare or 14206), allowing the public to provide 58335). restricted halophytes (salt-tolerant comments on our analysis. We have plants); (3) historical significance as Taxonomy and Subspecies Description incorporated the comments and have identified by the Nebraska State completed the final economic analysis The Salt Creek tiger beetle (Cicindela Historical Society; (4) the presence of concurrently with this final nevadica lincolniana) is a subspecies in plants characteristic of saline wetlands determination. the class Insecta, order Coleoptera, and and not highly degraded, or the family Carabidae (Integrated Taxonomic Previous Federal Actions potential for saline wetland Information System 2012, p. 1). At least characteristics after enhancement or The final rule to list the Salt Creek 85 species of tiger beetles and more than restoration; and (5) high potential for tiger beetle as endangered was 200 subspecies exist in the United restoration of the historical salt source. published on October 6, 2005 (70 FR States; 26 species and 6 subspecies are Other categories of wetlands described 58335). At that time, we stated that known from Nebraska (Carter 1989, p. in the inventory, including Categories 2, critical habitat was prudent and 8). Tiger beetles are fast-moving, 3, and 4, were thought to provide determinable; however, we did not predaceous insects (Carter 1989, p. 9). limited or no saline wetland functions. designate critical habitat because we The Salt Creek tiger beetle’s average At that time, it was thought that these were in the process of identifying the length is 0.4 inches (in) (10 millimeters wetland types had little or no potential physical and biological features (mm)), and its color is dark brown for reestablishing the salt source and essential to the conservation of the shading to green (Carter 1989, pp. 12 hydrology needed to restore and subspecies. We published a proposed and 17). maintain saline conditions (Gilbert and rule to designate critical habitat on Distribution, Abundance, and Trends Stutheit 1994, p. 7). Since 1994, December 12, 2007 (72 FR 70716). On however, techniques involving removal June 3, 2008, we published a notice in The Salt Creek tiger beetle is endemic to saline wetlands associated with the of excess sediment and restoration of the Federal Register to reopen the saline water through installation of comment period and announce a public Salt Creek watershed and some of its tributaries in Lancaster and southern wells has made restoration of Categories hearing (73 FR 31665). On April 28, 1, 2, and 3 feasible. Removal of 2009, we published a revised proposed Saunders Counties in eastern Nebraska (Allgeier 2005, p. 18). Historical sediment has exposed saline seeps and rule to designate critical habitat (74 FR restored Salt Creek tiger beetle habitat 19167). A final rule designating estimates of the extent of these saline along Little Salt Creek to the extent that approximately 1,933 ac (782 ha) of wetlands vary. Fowler (2012, p. 41) the subspecies now uses some of the critical habitat was published on April estimates that approximately 65,000 ac restored areas (Harms 2013, pers. 6, 2010 (75 FR 17466). The Center for (26,000 ha) of saline wetlands occurred comm.). Category 2, 3, and 4 wetlands Native Ecosystems, the Center for historically within the Salt Creek can also protect Category 1 saline Biological Diversity, and the Xerces watershed. LaGrange et al. (2003, p. 3) wetlands from negative impacts Society (plaintiffs) filed a complaint on estimated that more than 20,000 ac associated with sediment transport and February 23, 2011, regarding (8,100 ha) occurred historically. Farrar freshwater dilution of salinity. Without designation of critical habitat for the and Gersib (1991, p. 20) cite a report adjacent Category 2, 3, and 4 wetlands, subspecies. The plaintiffs asserted that from 1862 that estimated there were Category 1 saline wetlands can degrade we failed to designate sufficient critical 16,000 ac (6,480 ha) of saline wetlands habitat to conserve and recover the in four basins near the present-day town and cease providing saline wetland subspecies. A settlement agreement of Lincoln. It is not clear which four functions (USFWS 2005, p. 11; between the plaintiffs and the Service basins they are describing, but these LaGrange 2005, pers. comm.; Stutheit was reached on June 7, 2011, and we basins were likely only a portion of the 2005, pers. comm.). The Service agreed to reevaluate our designation of entire eastern Nebraska saline wetland completed a detailed assessment of critical habitat. Accordingly, we complex. Historically, the Salt Creek wetlands prior to listing the Salt Creek published a proposed rule to revise the tiger beetle was probably widely tiger beetle in 2005, and concluded that, critical habitat designation for the Salt distributed throughout the eastern following years of degradation in the Creek tiger beetle on June 4, 2013 (78 FR saline wetlands of Nebraska, especially Salt Creek watershed, approximately 35 33282). On March 13, 2014, we at the type locality of Capitol Beach ac (14 ha) of barren salt flats and saline published a document in the Federal (Allgeier 2005, p. 41) along Oak Creek. stream edges contain the entire habitat Register (79 FR 14206) reopening the However, in the past 150 years, currently occupied by the Salt Creek public comment period on the proposed approximately 90 percent of these tiger beetle, which is not sufficient to rule to revise critical habitat for the Salt wetlands have been degraded or lost sustain the subspecies. Creek tiger beetle and making available due to urbanization, agriculture, and Visual surveys of Salt Creek tiger the draft economic analysis and draft drainage (LaGrange et al. 2003, p. 1; beetles, using consistent methods, environmental assessment for the Allgeier 2005, p. 41). timing, and intensity, have been action. This rule finalizes our revisions The most complete recent inventory, conducted by University of Nebraska at to the critical habitat designation for the conducted in 1992 and 1993, identified Lincoln since 1991 (Spomer 2012a, pers. Salt Creek tiger beetle. 3,244 ac (1,314 ha) of ‘‘Category 1’’ comm.). Over the past 22 years, the total wetlands remaining in Lancaster and number of Salt Creek tiger beetle adults Background Saunders Counties (Gilbert and Stutheit counted during visual surveys has It is our intent to discuss below only 1994, p. 10). The authors define ranged from 115 (in 1993) to 777 (in those topics directly relevant to Category 1 wetlands as high-value saline 2002) individuals (Figure 1). The most revisions to the critical habitat wetlands or saline wetlands with the recent count was 365 adults in 2013. A designation for the Salt Creek tiger potential to be restored to high value 2-year mark-recapture study indicated beetle. For more detailed information (Gilbert and Stutheit 1994, p. 6). High- that visual surveys may underestimate regarding the subspecies and the listing value wetlands were defined as meeting the subspecies’ population by of the subspecies, refer to the final rule one or more of the following criteria: (1) approximately 40–50 percent, and

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recommended that a 2X correction Additionally, mark-recapture requires animal species (Thomas 1990, p. 326), factor be applied (Allgeier et al. 2003, p. handling beetles and may interfere with and their annual population numbers 6; Allgeier et al. 2004, p. 3; Allgeier egg-laying (Allgeier 2004, p. 3). are generally cyclic. A very small 2005, p. 40). However, these mark- Therefore, visual studies are preferred population size indicates a vulnerability recapture efforts were conducted on a since they are more economical and less to extinction (Thomas 1990, pp. 325– small population that may have intrusive (Allgeier et al. 2003, p. 6; 326; Shaffer 1981, p. 131; Lande 1993, experienced immigration or emigration Allgeier et al. 2004, p. 3; Allgeier 2005, pp. 911–912; Primack 1998, p. 179) during the sampling period; therefore, p. 53); however, visual studies do not because when numbers decline, the all assumptions may not have been met provide the same precision as do mark- population can become locally (Spomer 2012b, pers. comm.) and use of recapture studies. extirpated. The long-term data show a these results to make a population Insects typically show greater fluctuating, but very small population estimate may not be appropriate. population variability than many other size for Salt Creek tiger beetles.

In addition to the number of Creek-Roper, all occur in the Little Salt Pennsylvanian and/or Permian individuals, the number of populations Creek watershed, along a stream reach formations as it passes through a salt is critical when considering of approximately 7 miles (mi) (11 source likely located in north-central distribution, abundance, and trends. kilometers (km)) (Fowler 2012, p. 41). Kansas. This system occurs in the flood Salt Creek tiger beetles have been plains of Salt Creek and flows in a Habitat located at 14 sites since surveys began general pattern from southwest to in 1991 (Brosius 2010, p. 12). We The Salt Creek tiger beetle has very northeast of Lincoln, Nebraska, in consider these 14 sites to represent 6 specific habitat requirements. It occurs Lancaster and southern Saunders different populations based upon in remnant saline wetlands on exposed Counties (Harvey et al. 2007, p. 738). documented dispersal distances and mudflats and along the banks of streams From the perspective of the larger presence of discrete suitable habitat for and seeps that contain salt deposits Nebraska Eastern Saline Wetlands the subspecies (70 FR 58336, October 6, (Carter 1989, p. 17; Spomer and Higley ecosystem, little is known about the 2005). Three of these populations have 1993, p. 394; LaGrange et al. 2003, p. 4). connections between the surface water been extirpated since surveys began in Soil moisture and soil salinity are and the underlying groundwater and 1991: The Capitol Beach population critically important in habitat selection dissolved salts, or about the extent of along Oak Creek, the Upper Little Salt (Allgeier et al. 2004, p. 6) for foraging, the flow systems that feed the wetlands. Creek-South population on Little Salt where the female lays eggs, and for From a local perspective, especially Creek, and the Jack Sinn Wildlife larval habitat. The subspecies uses soil when making decisions about land Management Area (WMA) population moisture and soil salinity to partition management actions, it can be difficult on Rock Creek. For these populations, habitat between other collocated species to make informed management surveys showed that the number of of tiger beetles (Allgeier 2005, p. 64). decisions about wetland protection or individuals declined and then Moist, saline, open flats are needed for the impact of future development completely disappeared, leaving us to thermoregulation, reproduction, and (Harvey et al. 2007, p. 738). However, conclude that the population had foraging. the eastern saline wetlands are become locally extirpated. The three Nebraska’s eastern saline wetlands are dependent upon a regional-scale remaining populations, Upper Little Salt maintained through groundwater groundwater flow system and may not Creek-North, Arbor Lake, and Little Salt discharge that originates in be replenished indefinitely (Harvey et

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al. 2007, p. 750). Subsurface geology, parties and invited them to comment on Oak Creek Units are essential to the geomorphic features (including the proposed rule, draft economic conservation of the subspecies because manmade features), and topographic analysis, and draft environmental they provide necessary habitat characteristics all affect the hydrology of assessment during these comment redundancy in the event of a negative the wetlands, resulting in variability periods. environmental impact associated with between each wetland (Kelly 2011, pp. During the first comment period, we Little Salt Creek, the only stream system 97–99). received eight comment letters that currently supports the Salt Creek addressing the proposed critical habitat tiger beetle. Life History designation. During the second (2) Comment: A peer reviewer pointed The Salt Creek tiger beetle typically comment period, we received nine out that the four areas currently has a 2-year life cycle of egg, larval, and comment letters addressing the proposed probably represent the adult stages (Ratcliffe and Spomer 2002, proposed critical habitat designation, minimum amount of habitat needed for unpaginated; Allgeier 2005, pp. 3–4). draft economic analysis, and draft the subspecies to increase in abundance Adult females lay eggs in moist, saline environmental assessment. All and distribution, but stated that these mudflats along the banks of seeps and substantive information provided may not be enough to recover the in saline wetland habitats when soil during both comment periods has either subspecies. moisture and saline levels are been incorporated directly into this final Our Response: Our proposed appropriate. Upon hatching, each larva determination or is addressed below. designation of critical habitat, based on excavates a burrow where it lives for the Comments received were grouped into the best scientific and commercial data next 2 years; the burrow is enlarged by 32 general issues relating to the available, sought to identify the habitat the larva as it grows. Larvae are proposed critical habitat designation for needed to support the survival and sedentary predators, catching prey that the Salt Creek tiger beetle, and are recovery of the Salt Creek tiger beetle. passes nearby. Larvae are more directly addressed in the following summary Our final designation is over 31 times affected by a limited food supply than and incorporated into the final rule as larger than the amount of habitat that is adults because they are not as mobile as appropriate. currently available for the Salt Creek adults and almost never leave their tiger beetle and includes three burrows. Following pupation, adults Peer Review additional currently unoccupied areas emerge from the burrows in the late In accordance with our peer review (Rock Creek, Oak Creek, and Haines spring to early summer of their second policy published on July 1, 1994 (59 FR Branch Units). For our analysis, we year and mate. Adults are typically 34270), we solicited expert opinions determined that six populations were active in May, June, and July before from four appropriate and independent the minimum number of populations dying (Allgeier 2005, p. 63). individuals with scientific expertise that needed to maintain the subspecies’ Adult Salt Creek tiger beetles have a included familiarity with the viability and that each viable population mean dispersal distance of 137 feet (ft) subspecies, the geographic region in needed at least 116 ac to meet life (42 meters (m)) and a maximum which the subspecies occurs, and requisites. Thus, a total of 696 ac (116 dispersal of 1,506 ft (459 m), and most conservation biology principles. We ac × 6 populations) are needed to are recovered within 82 ft (25 m) of the received responses from all four peer maintain the subspecies’ viability. Our marking location, based upon a study of reviewers. Peer reviewer comments are final critical habitat acreage (1,110 ac) is 60 individuals (Allgeier 2005, p. 50) in addressed in the following summary 59 percent larger than this amount (696 which 24 individuals were relocated and incorporated into the final rule as ac), to ensure that we have delineated following capture and 36 were not. The appropriate. sufficient habitat for the subspecies to Salt Creek tiger beetle appears to have We reviewed all comments we survive and recover. Populations will narrower habitat requirements for egg- received from the peer reviewers for continue to be monitored on an annual laying, foraging, and thermoregulation substantive issues and new information basis to track status and trends over than other tiger beetles found in regarding critical habitat for the Salt time. Nebraska’s eastern saline wetlands Creek tiger beetle. The peer reviewers (3) Comment: The peer reviewer (Brosius 2010, p. 5). supported the addition of the Haines stated concern about the reduction in Branch and Oak Creek Units to the the number of acres proposed from Summary of Comments and 1,933 to 1,110, pointing out that Recommendations critical habitat designation to increase habitat redundancy, but expressed although redundancy was good, this We requested written comments from concern about whether these alone were reduction might negatively impact the the public on the proposed designation sufficient to recover the Salt Creek tiger net gain of adding additional units. of critical habitat for the Salt Creek tiger beetle. Concerns were raised as to Our Response: In this final revised beetle during two comment periods. The whether populations of 500 individuals designation, we have targeted areas that first comment period associated with or fewer can remain viable over the long are better able to support the subspecies. the publication of the proposed rule (78 term. A peer reviewer also pointed out This designation includes saline seeps FR 33282) opened on June 4, 2013, and that the proposed rule does not protect where the subspecies has actually been closed on August 5, 2013. We also and ensure the availability of saline found along Rock, Little Salt, Oak, and requested comments on the proposed groundwater. Haines Branch Creeks. Additionally, a critical habitat designation, associated 137-foot (42 meter [m]) dispersal draft economic analysis, and draft Peer Reviewer Comments distance was extended outward on environmental assessment during a (1) Comment: Multiple peer reviewers either side of these creeks to provide the comment period that opened on March supported our proposal to designate Salt Creek tiger beetle with access to a 13, 2014, and closed on March 28, 2014 critical habitat at the Haines Branch and vegetative mosaic around the salt flats (79 FR 14206). We did not receive any Oak Creek Units for the benefit of located in the floodplain. The use of the requests for a public hearing. We also habitat redundancy, thereby reducing 137 foot (42 m) dispersal distance contacted appropriate Federal, State, the risk of subspecies’ extinction. outward from the creeks is the primary and local agencies; scientific Our Response: We determined that reason why the critical habitat acreage organizations; and other interested the addition of the Haines Branch and is less that our previous designation

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(1,933 acres) (782 hectares [ha]), which elements (PCEs), which are habitat designate critical habitat for the Salt included large blocks of adjacent features that are critical to the survival Creek tiger beetle are addressed below. Category I saline wetlands. These large and recovery of the Salt Creek tiger (7) Comment: The Commission does blocks of Category I saline wetlands beetle. While we did not include not consider the proposed designation cannot support the Salt Creek tiger groundwater itself as a PCE, of 1,110 ac of critical habitat for the Salt beetle without habitat restoration. In groundwater contributes, in part, to the Creek tiger beetle to be adequate for the addition, this revised designation better formation of the more specific habitat conservation of the subspecies, and it is provides for conservation by including elements used by the Salt Creek tiger insufficient to maintain populations. additional unoccupied habitat so that beetle, such as saline barrens and seeps The Commission stated that the we can establish additional populations found within saline wetland habitat. approach used by the Service to prepare needed to improve the subspecies’ These more specific aspects of the the proposed rule minimizes the redundancy and resiliency, two species habitat are what we considered amount of area designated as critical important factors in reducing extinction as the PCEs on which our critical habitat habitat rather than designating what is risk. designation is based. Section 7 needed to conserve and sustain the (4) Comment: A peer reviewer stated consultation under the Act (16 U.S.C. subspecies. The Commission suggested that there is uncertainty with regard to 1531 et seq.) does, however, provide a that an adequate critical habitat whether populations of 500 or fewer can level of protection to groundwater by designation would include all Category remain viable over the long term triggering consultation should it be I saline wetlands and a 1,500 foot (457 although a small population of tiger determined that a federal action may m) zone to ensure the interconnection of beetles can remain provided suitable affect groundwater to the extent that ground and surface water flows and habitat is available. such impacts would result in the facilitate dispersal capabilities of the Our Response: Little is known about destruction or adverse modification of Salt Creek tiger beetle. the minimal viable population size or these PCEs. Additionally, there are other Our Response: Our designation of the amount of habitat needed to sustain important recovery actions, including critical habitat identifies the habitat a viable population of Salt Creek tiger land acquisition and restoration needed to support the survival and beetles. However, we have preliminarily projects, that are underway to help recovery of the Salt Creek tiger beetle. determined that 500–1,000 adults is a protect the saline wetlands. We believe In this final revised designation, we reasonable estimate of a minimum that these actions and the designation of have targeted areas that are better able viable population for the subspecies critical habitat collectively will act to to support the subspecies. This based on recovery plans for two other protect the saline groundwater system designation includes saline seeps where species of tiger beetles in the same for the benefit of the Salt Creek tiger the subspecies has actually been found genus (Cicindela) and surveys beetle. along Rock, Little Salt, Oak, and Haines conducted for the Salt Creek tiger beetle (6) Comment: Peer reviewers Branch Creeks. Additionally, a 137-foot since 1991. These plans consider a recommended further study on (42 meter [m]) dispersal distance was minimum viable population size to be at vegetative characteristics and wetland extended outward on either side of least 500–1,000 adults (Hill and Knisley community classification, hydrologic these creeks to provide the Salt Creek 1993, p. 23; Hill and Knisley 1994, p. research on Haines Branch and Oak tiger beetle with access to a vegetative 31). The authors base this estimate on Creek Units, and development of a plan mosaic around the salt flats located in available literature and on preliminary to address light pollution. the floodplain. A designation as large as observations of population stability at Our Response: We are supportive of the one the Commission suggests would several sites, but acknowledge that there further research that would aid in the include a substantial amount of habitat is little information available regarding recovery of the Salt Creek tiger beetle that is currently unsuitable for the the amount of habitat necessary to and the saline wetland ecosystem. Our species without restoration. Our final support a population of this size. We do section 6 program continues to provide designation is more than 31 times larger know that Salt Creek tiger beetles can funding to the Nebraska Game and Parks than the amount of habitat that is persist in relatively small areas Commission (Commission) for research currently available for the Salt Creek provided that suitable habitat is on federally listed endangered and tiger beetle and includes three available. Populations will continue to threatened species. This source of additional unoccupied areas (Rock be monitored on an annual basis to track funding is available to fund these kinds Creek, Oak Creek, and Haines Branch status and trends of the subspecies over of important projects through a Units). For our analysis, we determined time. competitive grant process. As far as how that six populations were the minimum (5) Comment: A peer reviewer pointed this information pertains to the critical number of populations needed to out that the proposed rule still does not habitat designation, the Act requires us maintain the subspecies’ viability and protect and ensure the availability of to make determinations based on the that each viable population needed at saline groundwater and guarantee the best scientific and commercial data least 116 ac to meet life requisites. Thus, survival of the Salt Creek tiger beetle for available. It does not require additional a total of 696 ac (116 ac × 6 populations) all time. studies, or that we wait until we have is needed to maintain the subspecies’ Our Response: We acknowledge the all the information that we would like viability. Our final critical habitat importance of groundwater in creating to have. This rule is based on the best acreage (1,110 ac) is 59 percent larger and maintaining saline wetlands available information that we had at the than this amount (696 ac), to ensure that including saline seeps and barren salt time we made the decision. we have delineated sufficient habitat for flats. However, there is a high level of the subspecies to survive and recover. uncertainty with regard to the location Comments From the State Populations will continue to be of groundwater relative to the surface, Comments we received from the monitored on an annual basis to track flow pattern, interaction with surface Commission, Nebraska Department of status and trends over time. water, and influence on saline wetlands Roads (NDOR), Nebraska Military (8) Comment: The Commission stated and streams. Our designation of critical Department (NMD), and Nebraska that an unsubstantiated process that has habitat is based on the presence and Department of Environmental Quality no scientific basis was used by the location of the primary constituent (NDEQ) regarding the proposal to Service to calculate the area needed for

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critical habitat. The Commission further populations still face the same threats of the Salt Creek tiger beetle along Little stated that the supposition by the habitat loss and degradation. Salt Creek beetle is at high risk due to Service that 153 Salt Creek tiger beetles Our Response: Our designation of over-covering by bank sloughing and occurring on 35 acres is a viable critical habitat for the Salt Creek tiger bank erosion, which scours away population and that amount of habitat beetle is based on the best scientific and developing larvae. We hope that the can be used for calculating critical commercial data available. We listing and critical habitat designation habitat requirements is indefensible. acknowledge that there is uncertainty will facilitate better conservation and Our Response: We do not assume that about whether the existing populations recovery of the subspecies and its 153 Salt Creek tiger beetles on 35 acres can be maintained. However, the areas habitat. is a viable population, and we discuss included in our final designation (11) Comment: The Commission the process used to determine the constitute the best remaining Salt Creek expressed concern that the small areas acreage needed in the Population tiger beetle habitat in existence. We are of habitat proposed for designation by Spatial Needs section of this rule. As we aware of no areas that would be better the Service would result in a loss of noted previously, little is known about or more capable of supporting Salt population resilience due to amplified the minimal population size or the Creek tiger beetles. We agree with the effects of limiting factors including amount of habitat needed to sustain a Commission that the 35 acres that are drought, prey reduction, interspecific viable population of Salt Creek tiger currently occupied by the Salt Creek competition, parasitism, and predation beetles. However, general estimates of a tiger beetle are insufficient to sustain risk on a small population of Salt Creek minimum viable wildlife population and recover the subspecies. For this tiger beetles. typically range from 500–1,000 reason, we are designating an additional Our Response: In this final individuals (Shaffer 1981, p. 133; 249 acres of critical habitat on Little Salt designation, we have targeted areas that Thomas 1990, p. 325). We used the Creek. Populations will continue to be are better able to support the subspecies. estimate of 153 adult beetles (the monitored on an annual basis to track We have determined that the 35 acres minimum population of Salt Creek tiger status and trends of the subspecies, and that are currently occupied by the Salt beetles counted over the past 10 years) future adjustments in the amount of Creek tiger beetle are insufficient to as a starting point, and assumed that at habitat protected may be necessary. sustain the subspecies. For this reason, least 3.3 times that number would be (10) Comment: The Commission we are designating an additional 249 needed to achieve a single viable stated that the occupied habitat acres of critical habitat on Little Salt population, with at least six populations currently proposed by the Service for Creek, which should lead to population needed to maintain the subspecies’ designation is at high risk and marginal, expansion and increased resiliency. In viability. We further estimated that if and will not sustain the Salt Creek tiger addition, this designation better those 153 beetles occupied beetle over the long term. The provides for conservation by including approximately 35 acres of habitat, it was Commission stated that the habitat additional unoccupied habitat so that reasonable to assume that 3.3 times as proposed for designation occurs on we can establish additional populations many beetles would require steep slopes along stream banks and can approximately 3.3 times as much habitat be easily eroded and overcovered needed to improve the subspecies’ (116 acres) to support a single viable following bank sloughing that buries redundancy and resiliency, two population, and 696 acres would larval burrows. Prey is likely not as important factors in reducing extinction support six populations. If the higher abundant in these locations given the risk. This subspecies’ vulnerability to estimate (1,000 adult beetles) is used, sloping bank and potential inability of threats is part of the reason that the similar calculations would conclude larvae to capture prey in sufficient subspecies is listed as endangered. that approximately 232 ac would be qualities. (12) Comment: The Commission needed to support a single viable Our Response: The habitat included pointed out that the language ‘‘limited population, and 1,392 ac would be in our final designation constitutes the to its range’’ as stated in the proposed needed to support six populations. best available remaining habitat for the rule is not in the definition of critical Therefore, approximately 696–1,392 ac subspecies. As described in our rule to habitat and introduces criteria not would sustain the viability of Salt Creek list the subspecies, habitat for the Salt specified in the definition that would tiger beetles. Consequently, we believe Creek tiger beetle has been lost and result in reducing the acreage proposed that the designation of 1,110 ac of severely degraded by commercial, for critical habitat. The Commission critical habitat is a reasonable estimate residential, and infrastructure indicated that the inclusion of this of the amount of habitat essential for the developments leading to intrusion of provision ignores a primary habitat subspecies. We acknowledge the excess freshwater and dilution of component that is required to protect assumptions and uncertainties salinity and channelization and bank critical habitat for the Salt Creek tiger associated with our estimates; however, armoring projects resulting in beetle, namely areas that are adjacent to in the absence of better information we entrenchment of saline streams and loss Salt Creek tiger beetle habitat that are conclude that this is a reasonable of saline wetlands through hydrologic hydrologically connected and upon approach. modification. This large-scale habitat which occupied habitat is dependent for (9) Comment: The Commission loss and degradation led to our decision maintaining populations of the questioned the assumption used by the to list the subspecies. Although the subspecies, even if it is not present at Service that just because the area is remaining habitat is degraded, it these areas. The Commission occupied it can also sustain a constitutes the best Salt Creek tiger recommends that hydrologically population over the long term. The beetle habitat remaining. We agree with connected areas that are adjacent to the Commission pointed out that three of the Commission that 35 acres that are areas under the current proposal be six known populations have currently occupied by the Salt Creek included because they meet the disappeared already and that numbers tiger beetle are insufficient to sustain definition of critical habitat and they are of individuals are on a general decline and recover the subspecies. For this essential for the conservation of the within those three populations as an reason, we are designating an additional subspecies under the Act even though indication that the population is not 249 acres of critical habitat on Little Salt the Salt Creek tiger beetle may not be sustaining itself. Further, the existing Creek. We recognize that habitat used by found in these areas.

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Our Response: In our designation of critical habitat will act in concert to commitment toward the recovery of the critical habitat for the Salt Creek tiger protect the saline groundwater system Salt Creek tiger beetle and the saline beetle, we used a two-pronged approach for the benefit of the Salt Creek tiger wetland ecosystem on which it to designate areas that are essential for beetle. depends. However, our designation of the survival and recovery of the (13) Comment: The Commission critical habitat focuses on the PCEs subspecies. Under the first prong, areas stated that the use of the 137-foot buffer essential to the conservation of the Salt within the geographical area occupied around Salt Creek tiger beetle habitat by Creek tiger beetle. These PCEs are by the (sub)species at the time it was the Service was inadequate based on primarily located along Rock, Little Salt, listed are included in a critical habitat research conducted on documented Oak Creek, and Haines Branch Creeks, designation if they contain the physical movement patterns showing that the but in many cases are in locations and biological features (1) which are subspecies can move up to 0.25-mile. lacking in adjacent saline wetlands. For essential to the conservation of the They also pointed out that a 137-foot this reason, we do not designate all the (sub)species and (2) which may require buffer is unrelated to protection of the Category I saline wetlands because they special management considerations or saline system, which maintains lack the necessary PCEs. Thus, our protection. Under the second prong of subspecies’ habitat through the complex designation represents the habitat the Act’s definition of critical habitat, interaction of ground and surface water. needed to support the conservation of we can designate critical habitat in areas Our Response: We chose to use a the Salt Creek tiger beetle and is based outside the geographical area occupied mean dispersal distance of 137 feet on the best scientific and commercial by the (sub)species at the time it is because it is an average distance, a data available. listed, upon a determination that such scientifically accepted way of (15) Comment: The NDOR inquired if areas are essential for the conservation accounting for outliers in the data, and the proposed critical habitat designation of the (sub)species. We designate critical based on the best scientific and includes the road and highway rights-of- habitat in areas outside the geographical commercial data available. The use of a way or the toe slopes that would fall area occupied by the species only when 137-foot dispersal distance was based within the right-of-way boundary. a designation limited to its range would on a study done by Allgeier (2005, pp. Our Response: This revised critical be inadequate to ensure the 50–52) where 60 marked Salt Creek tiger habitat designation is for areas that have conservation of the species. We beetles were released at five locations. the primary constituent elements (PCEs) concluded that the designation of the Of those, 24 were recaptured with a required by the Salt Creek tiger beetle Little Salt Creek Unit alone would be mean dispersal distance of 137 feet (42 and that require special management inadequate to ensure the conservation of m) and a standard error of 21.58. Most considerations and protection. As such, the Salt Creek tiger beetle. As such, our individually-marked beetles were critical habitat does not include roads, designation also included the Oak, recaptured within 25 m of the location road shoulders, road toe slopes, and Rock, and Haines Branch Creek Units. from where they were first captured and other paved areas, but could include In order to include surrounding marked. Only three of the 24 beetles lands within a highway right-of-way vegetative areas that provide essential recovered were found at farther beyond the aforementioned structures if resources and support functions to the distances; one was recaptured 1,506 feet those lands contain the primary subspecies, we delineated areas on (459 m) away and two were recaptured constituent elements. Additionally, a segments of the four creeks that 1,312 feet (400 m) away from where federal action involving roads, road extended 137 ft (the average known they were first captured and marked. shoulders, road toe slopes, and other dispersal distance for the subspecies) on Our use of a 137-foot buffer on either paved areas will not trigger section 7 either side of the stream course. We side of the streams designated as critical consultation with respect to critical used 137 ft because it is the average habitat is not intended to address habitat unless the specific action would distance that the Salt Creek tiger beetle protection of the complex interactions affect the physical or biological features can move to meet life-history requisites between surface and groundwater, in the adjacent critical habitat. which can be satisfied within the stream which are important for maintaining (16) Comment: The NDOR segment and adjacent saline barrens and saline wetland habitat for the Salt Creek commented that the acreage and seeps in the floodplain area. We tiger beetle. We used 137 ft because it ownership percentages are reversed in concluded that this distance would is the average distance that the Salt the table between City of Lincoln and provide the subspecies with sufficient Creek tiger beetle can move to meet NDOR for the Oak Creek Unit. prey resources. Additionally, we have lifehistory requisites, which can be Our Response: The table was included sufficient occupied and satisfied within the stream segment and modified to reflect the correct acreage unoccupied habitat to contribute to the adjacent saline barrens and seeps in the and ownership. recovery the Salt Creek tiger beetle. We floodplain area while minimizing the (17) Comment: The NMD commented have included 826 acres of unoccupied inclusion of unsuitable habitat areas. about potential restrictions at their areas because we determined that they We also concluded that this distance Lincoln Airbase due to the proposed are essential for the conservation of the would provide the subspecies with designation of critical habitat for the subspecies. We believe that this amount sufficient prey resources. Salt Creek tiger beetle. These concerns is a reasonable amount of area to (14) Comment: The Commission included potential restrictions on type provide habitat for an additional 1,500 recommends that all Category 1 saline of aircraft (rotary or fixed winged), beetles in the future. wetlands be designated as critical landing and departure areas, and flight Our designation of critical habitat for habitat and that a 1,500-foot buffer path due to the proposed critical habitat the Salt Creek tiger beetle must be based encompass these sites to protect the designation. on the best scientific and commercial saline wetland/surface and groundwater Our Response: The NMD’s Lincoln data available. There are other interaction and to address movement Airbase is not located within the important recovery actions, including capabilities of the Salt Creek tiger beetle boundaries of the critical habitat land acquisition and restoration to ensure dispersal among saline designation. As such, we do not projects, underway in the saline habitats. anticipate recommending any potential wetlands. We believe that these actions Our Response: We appreciate the restrictions on aircraft type, landing and combined with our designation of recommendation and the Commission’s departure areas, and/or flight path given

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that the distance between NMD property and Haines Branch Creeks. The NDEQ based on an ‘‘acres needed’’ boundaries and the large salt flat within suggested further dialogue with the mathematical model is not biologically the Oak Creek Unit exceeds 0.65 mile, Service on how to implement their defensible, risks extinction of the a distance exceeding the flight capacity responsibilities under the Clean Water subspecies, and is arbitrary and of the Salt Creek tiger beetle. We are Act without requiring additional capricious. Determining that amount of unaware of any research on the Salt unneeded infrastructure and habitat available at the time of a survey Creek tiger beetle or any other tiger expeditures by those entities holding that is sufficient to sustain the beetle that would support such permits for these discharges. population assumes that the population modifications. Our Response: The Service has is evenly distributed and all the primary (18) Comment: The NMD commented engaged in and will continue to constituent elements are available that the proposed critical habitat maintain a dialogue with NDEQ about within those 35 acres to support a designation may result in restrictions to these various forms of discharges. We population over the long term. There is routine maintenance and repair of the note that prohibitions against new and no information that demonstrates that Lincoln Airbase in terms of requiring expanded discharges by NDEQ to these assumptions were met or modifications to lighting, mowing, protect the Salt Creek tiger beetle may considered. water runoff or drainage, fence repair, not be necessary depending on their Our Response: Our designation of road repair, and replacement. volume and timing. critical habitat, based on the best Our Response: The NMD’s Lincoln scientific and commercial data Public Comments Airbase is not located within the available, identifies habitat needed to boundaries of the critical habitat (22) Comment: The proposed revised support the survival and recovery of the designation. As such, we do not designation of only 1,110 ac of critical Salt Creek tiger beetle. As is described anticipate recommending any potential habitat for the Salt Creek tiger beetle is in this final rule, our determination is restrictions on the routine maintenance inadequate to ensure the survival and based on an evaluation of habitat needs and repair activities that occur at the recovery of the subspecies. The Service and mapping of primary constituent Lincoln Airbase given that the distance should err on the side of the subspecies elements in occupied and unoccupied between NMD property boundaries and and include any potential saline areas. We determined that the 35 the large salt flat within the Oak Creek wetland habitat in the proposed critical occupied acres are insufficient to Unit exceeds 0.65 mile, a distance habitat. support the conservation of the Salt exceeding the flight capacity of the Salt Our Response: We believe that our Creek tiger beetle. The purpose of the Creek tiger beetle. Additionally, the designation of critical habitat is the mathematical calculation is to inform presence of Oak Creek creates a amount of habitat needed to support the our decision on the amount of critical protective boundary around the Oak survival and recovery of the Salt Creek habitat that is needed to ensure the Creek Unit, thereby preventing runoff tiger beetle and is based on the best conservation and recovery of the Salt and other drainage from entering the scientific and commercial data Creek tiger beetle. These calculations Oak Creek Unit. available. We have determined that the help confirm that the 1,110 designated (19) Comment: The NMD expressed 35 acres currently occupied by the Salt acres fall within the range of acres concern that the Salt Creek tiger beetle Creek tiger beetle is insufficient to determined to be needed for recovery of would migrate on to the Lincoln Airbase sustain the subspecies. We are the subspecies. (Also see our response from the Oak Creek Unit. designating an additional 249 acres of to comment 8). Our Response: The Salt Creek tiger critical habitat on Little Salt Creek, plus (24) Comment: A commenter pointed beetle has very narrow habitat three additional unoccupied units, out the high degree of variation between preferences and would not migrate on to which should lead to population the use of mark/recapture counts and the Lincoln Airbase where such habitat expansion and resiliency. In this final visual counts to determine Salt Creek is unavailable. revised designation, we have targeted tiger beetle population size and lack of (20) Comment: The NMD espressed areas that are better able to support the confidence that should be placed on concern about the potential for a future subspecies. This designation includes visual counts; the commenter increase in the critical habitat saline seeps where the subspecies has recommended use of mark/recapture designation within the Oak Creek Unit. actually been found along Rock, Little counts on a regular basis in conjunction Our Response: Our critical habitat Salt, Oak, and Haines Branch Creeks. with visual counts of the Salt Creek tiger designation is based on a targeted Additionally, a 137-foot (42 meter [m]) beetle. The commenter pointed out that identification of primary constituent dispersal distance was extended the acreage of critical habitat needed elements which comprise suitable outward on either side of these creeks should be based on the habitat needs habitat for the Salt Creek tiger beetle. to provide the Salt Creek tiger beetle and presence of PCEs and not on the Our analysis showed that none of the with access to a vegetative mosaic amount of land occupied that was primary constituent elements are around the salt flats located in the measured in one survey year. present on the Lincoln Airbase and are floodplain. The use of the 137 foot (42 Our Response: We acknowledge the not likely to exist there in the future. As m) dispersal distance outward from the commenter’s concerns about the such, we would not expand our critical creeks is the primary reason why the limitations of mark/recapture studies habitat designation to that area in the critical habitat acreage is less that our and recognize the implication that the future. previous designation (1,933 acres) (782 type of survey has in our designation of (21) Comment: The NDEQ pointed out hectares (ha)), which included large critical habitat. However, a review of the that the designation of critical habitat blocks of adjacent Category I saline data shows that mark/recapture studies for the Salt Creek tiger beetle might wetlands. These large blocks of Category were conducted on a small population prohibit new and expanded discharges I saline wetlands would need to be that may have experienced immigration from wastewater treatment facilities, restored to provide habitat for the Salt and emigration and, thus, may not have municipal separate storm sewer system, Creek tiger beetle. met the assumptions inherent to the use and water treatment plants that are (23) Comment: A commenter stated of mark/recapture methods. We located upstream from the critical that the method used by the Service of determined that visual surveys provided habitat units on Rock, Little Salt, Oak, determining critical habitat acreage the best available scientific information

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because they were based on consistent beetle recovery in terms of providing Salt Creek tiger beetle could affect survey methods done under similar moist soils for thermoregulation and current and future operations at the intensity, and were done at the same suitable sites for larval habitat. As such, Lincoln Airport. The commenters time on an annual basis since 1991 by we identified surface water and suggested that any changes to airport the University of Nebraska at Lincoln. groundwater as physical features for the operations, such as modifications to (25) Comment: Commenters stated Salt Creek tiger beetle in our proposed flight patterns, changes to aircraft that there is no scientific support for the rule and this final rule for the operating parameters, or restrictions on assertion that 500 individuals in a designation of critical habitat. While we maintenance and construction, could population is viable given that the did not include groundwater itself as a result in administrative and designation of 500 individuals is based PCE, groundwater contributes, in part, implementation costs to the airport that on survey data from 1991 through 2011, to the formation of the more specific are not addressed in the economic when the number of individuals and habitat elements used by the Salt Creek analysis. populations were in decline. Thus, use tiger beetle, such as saline barrens and Our Response: We do not anticipate of 500 individuals is based on an seeps found within saline wetland any restrictions or modifications to estimate taken not at the time of habitat. These more specific aspects of airport operations or other activities stability, but during a time of decline. the species habitat are what we occurring on Lincoln Airport lands. The While current scientific estimates are considered as the PCEs on which our lands we are designating are not used not available for what population size critical habitat designation is based. for aircraft operations but are may be required by the Salt Creek tiger Also see our response to Comment 5. considered a noise buffer for the airport. beetle, the commenter recommended (28) Comment: One commenter stated The types of activities known to occur that the Service should alternatively that the proposed rule did not consider within the area of the critical habitat designate critical habitat that supports the importance of peripheral designation include agriculture, grazing, the recovery of larger population sizes populations in achieving population and other forms of routine land to err on the side of the subspecies. stability in addition to the source management. Our Response: See our response to populations as it did in the Service’s Activities occurring within the area of Comment (8), above. advanced concept paper from 2005. The the critical habitat designation at the (26) Comment: A commenter pointed commenter recommended the inclusion airport are unlikely to require a permit out that the Salt Creek tiger beetle is of peripheral populations in our from a Federal agency. The Federal facing extinction in the near future and proposed revised designation. Aviation Administration (FAA) may suggested that instead of three Our Response: We recognize that the initiate section 7 consultation prior to populations left that only two are left presence of additional populations is issuing future grant funding for the (and one is nonviable—Upper Little Salt important to the conservation of the Salt operation or maintenance of the airport. Creek) and that these two populations Creek tiger beetle. For this reason, we However, we do not anticipate appear to be a single population given included the Haines Branch and Oak requesting any restrictions or synchrony in annual population Creek Units as additions to the Rock and modifications to airport operations or numbers between Little Salt Creek at Little Salt Creek Units as part of this the use of alternative flight paths Arbor Lake and Lower Little Salt Creek. designation. We are hopeful that the because the airport itself is nearly 0.25- Our Response: We have modified the subspecies can be reestablished in these mile away from the critical habitat area, text in this rule to show that the Upper areas in the future through thus, far exceeding the dispersal Little Salt Creek population may not be reintroductions. distance of the subspecies. Further, we viable. We are designating additional (29) Comment: A commenter inquired have no information to indicate that acres adjacent to the currently occupied as to the basis for how the Oak Creek flight activities would have an effect on area on Upper Little Salt Creek in the Unit was determined to be critical the Salt Creek tiger beetle or its critical hopes of expanding the population to habitat for the Salt Creek tiger beetle. habitat. viable levels. However, we believe that Our Response: Our analysis of critical (31) Comment: Two commenters the Little Salt Creek-Arbor Lake and habitat was based on the availability of suggested that the proposed designation Lower Little Salt Creek populations are PCEs for the Salt Creek tiger beetle. A of critical habitat for the Salt Creek tiger discrete. Little, if any, population large salt flat located at the Oak Creek beetle could affect the ability of the emmigration and immigration likely Unit was determined to have suitable Lincoln Airport to secure grants from occurs between these two populations habitat based on the presence of salt the FAA’s Airport Improvement because of the lack of habitat between flats and saline seeps within the Program. In particular, the commenters them and because the distance between adjacent right of way along Interstate 80. expressed concern that the designation them far exceeds the dispersal The presence of exposed salts indicates of critical habitat could lead to capability of the Salt Creek tiger beetle. that water is evaporating from the violations of grant assurances for safe However, these populations are likely surface, supporting our assertion that airport operation if the designation influenced by similar abiotic events, the site has appropriate hydrology to leads to the implementation of which have similar effect on population support the Salt Creek tiger beetle. conservation measures, such as numbers over time. Populations will Additionally, a Salt Creek tiger beetle restrictions on mowing; this could continue to be monitored on an annual survey done in 1992 identified suitable increase the presence of wildlife on the basis to track status and trends over habitat at the Oak Creek Unit. Although airfield or the likelihood of wildlife/ time. this survey is dated, there has been no aircraft strikes. The commenters also (27) Comment: A commenter activity in the area that would result in expressed concern that the designation recommended the use of water as a PCE the modification of saline soils or of critical habitat could lead to for the designation of critical habitat for hydrology such that suitable habitat violations of grant assurances for the Salt Creek tiger beetle given the would no longer be present at the Oak financial self-sufficiency if the requirements of adults to have it Creek Unit. designation leads to restrictions on available during mating and ovipositing. (30) Comment: Two commenters agricultural or grazing activity on Our Response: We agree that water is expressed concern that the proposed airport lands. Violations of grant an important aspect of Salt Creek tiger designation of critical habitat for the assurances could jeopardize the

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airport’s ability to secure future Federal (b) Which may require special protection. For these areas, critical funding. management considerations or habitat designations identify, to the Our Response: The types of activities protection; and extent known using the best scientific known to occur within the portion of (2) Specific areas outside the and commercial data available, those the Lincoln Airport that is included geographical area occupied by the physical or biological features that are within the critical habitat designation species at the time it is listed, upon a essential to the conservation of the include agriculture, grazing, and routine determination that such areas are species (such as space, food, cover, and land management activities. As essential for the conservation of the protected habitat). In identifying those described above, critical habitat is species. physical or biological features within an unlikely to result in changes to these Conservation, as defined under area, we focus on the principal activities. section 3 of the Act, means to use and biological or physical constituent (32) Comment: One comment the use of all methods and procedures elements (primary constituent elements suggested that we failed to fulfill our that are necessary to bring an such as roost sites, nesting grounds, responsibility to communicate and endangered or threatened species to the seasonal wetlands, water quality, tide, coordinate with stakeholders by not point at which the measures provided soil type) that are essential to the communicating with the Lincoln pursuant to the Act are no longer conservation of the species. Primary Airport Authority as part of the necessary. Such methods and constituent elements are those specific economic analysis. procedures include, but are not limited elements of the physical or biological Our Response: The contractor to, all activities associated with features that provide for a species’ life- conducting the economic analysis scientific resources management such as history processes and are essential to attempted to contact the Lincoln Airport research, census, law enforcement, the conservation of the species. Authority via email on December 10, habitat acquisition and maintenance, Under the second prong of the Act’s 2013, and in subsequent phone calls. propagation, live trapping, and definition of critical habitat, we can Because the contractor was unable to transplantation, and, in the designate critical habitat in areas reach the Lincoln Airport Authority, the extraordinary case where population outside the geographical area occupied economic analysis references pressures within a given ecosystem by the species at the time it is listed, information provided by the cannot be otherwise relieved, may upon a determination that such areas Lincoln/Lancaster County Planning include regulated taking. are essential for the conservation of the Department. Critical habitat receives protection species. For example, an area currently under section 7 of the Act through the Summary of Changes From Proposed occupied by the species but that was not requirement that Federal agencies Rule occupied at the time of listing may be ensure, in consultation with the Service, essential to the conservation of the We have made changes to this final that any action they authorize, fund, or species and may be included in the rule based on the information we carry out is not likely to result in the critical habitat designation. We received in comments regarding the destruction or adverse modification of designate critical habitat in areas origins of the salinity in Salt Creek tiger critical habitat. The designation of outside the geographical area occupied beetle habitat, viability of the Upper critical habitat does not affect land by a species only when a designation Little Salt Creek population, and ownership or establish a refuge, limited to its range would be inadequate landowner and acreage information. The wilderness, reserve, preserve, or other to ensure the conservation of the following is a summary of our changes: conservation area. Such designation species. • Text in the Habitat and ‘‘Surface does not allow the government or public Section 4 of the Act requires that we Water’’ sections now states that the to access private lands. Such designate critical habitat on the basis of source of salinity in Salt Creek tiger designation does not require the best scientific and commercial data beetle habitat originates from the implementation of restoration, recovery, available. Further, our Policy on Pennsylvanian and/or Permian or enhancement measures by non- Information Standards Under the formations, and that the actual salt Federal landowners. Where a landowner Endangered Species Act (published in source is in north-central Kansas. requests Federal agency funding or the Federal Register on July 1, 1994 (59 • Acreage and ownership percentages authorization for an action that may FR 34271)), the Information Quality Act and land ownership descriptions were affect a listed species or critical habitat, (section 515 of the Treasury and General verified and corrected for the Oak Creek the consultation requirements of section Government Appropriations Act for Unit in Table 2. 7(a)(2) of the Act would apply, but even Fiscal Year 2001 (Pub. L. 106–554; H.R. • Text was modified to clarify that in the event of a destruction or adverse 5658)), and our associated Information the Upper Little Salt Creek population modification finding, the obligation of Quality Guidelines provide criteria, may not be viable in the Final Critical the Federal action agency and the establish procedures, and provide Habitat designation section of this Rule, landowner is not to restore or recover guidance to ensure that our decisions Little Salt Creek Unit description. the species, but to implement are based on the best scientific data Critical Habitat reasonable and prudent alternatives to available. They require our biologists, to avoid destruction or adverse the extent consistent with the Act and Background modification of critical habitat. with the use of the best scientific data Critical habitat is defined in section 3 Under the first prong of the Act’s available, to use primary and original of the Act as: definition of critical habitat, areas sources of information as the basis for (1) The specific areas within the within the geographical area occupied recommendations to designate critical geographical area occupied by the by the species at the time it was listed habitat. species, at the time it is listed in are included in a critical habitat When we are determining which areas accordance with the Act, on which are designation if they contain physical or should be designated as critical habitat, found those physical or biological biological features (1) which are our primary source of information is features essential to the conservation of the generally the information developed (a) Essential to the conservation of the species and (2) which may require during the listing process for the species, and special management considerations or species. Additional information sources

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may include the recovery plan for the (2) Food, water, air, light, minerals, or Longer dispersal movements almost species, articles in peer-reviewed other nutritional or physiological certainly occur (Allgeier 2005, p. 51). journals, conservation plans developed requirements; A female will lay up to 50 eggs during by States and counties, scientific status (3) Cover or shelter; her brief adult season, each in a separate surveys and studies, biological (4) Sites for breeding, reproduction, or burrow (Rabadinanth 2010, p. 14). We assessments, other unpublished rearing (or development) of offspring; do not have subspecies-specific materials, or experts’ opinions or and information regarding the typical personal knowledge. (5) Habitats that are protected from distance between burrows in the wild. Habitat is dynamic, and species may disturbance or are representative of the However, tiger beetles using burrows in move from one area to another over historical, geographical, and ecological close proximity to one another may time. We recognize that critical habitat distributions of a species. succumb to intraspecific and designated at a particular point in time We derive the specific physical or interspecific competition (Brosius 2010, may not include all of the habitat areas biological features essential for the Salt p. 27). Efforts to breed the subspecies in that we may later determine are Creek tiger beetle from studies of this captivity attempted to keep burrows in necessary for the recovery of the subspecies’ habitat, ecology, and life terrariums at least 1 inch (25 milimeter) species. For these reasons, a critical history as described in the Critical apart; at this distance, incidences of habitat designation does not signal that Habitat section of the proposed rule to burrow collapse due to proximity to habitat outside the designated area is designate critical habitat published in another burrow were documented (Allgeier 2005, pp. 121–122). unimportant or may not be needed for the Federal Register on June 4, 2013 (78 recovery of the species. Areas that are Population Spatial Needs—We do not FR 33282), and in the information important to the conservation of the have subspecies-specific information presented below. Additional species, both inside and outside the regarding a minimum viable population information can be found in the final critical habitat designation, will size for the Salt Creek tiger beetle or the listing rule published in the Federal continue to be subject to: (1) amount of habitat needed to sustain a Register on October 6, 2005 (70 FR Conservation actions implemented viable population. However, we have 58335). We have determined that the under section 7(a)(1) of the Act, (2) preliminarily determined that 500– Salt Creek tiger beetle requires the regulatory protections afforded by the 1,000 adults is a reasonable estimate of following physical or biological requirement in section 7(a)(2) of the Act a minimum viable population for the features: for Federal agencies to insure their subspecies based on recovery plans for actions are not likely to jeopardize the Space for Individual and Population two other species of tiger beetles in the continued existence of any endangered Growth and for Normal Behavior same genus (Cicindela). These plans or threatened species, and (3) section 9 consider a minimum viable population Individual Spatial Needs—The Salt of the Act’s prohibitions on taking any size to be at least 500–1,000 adults (Hill Creek tiger beetle requires areas individual of the species, including and Knisley 1993, p. 23; Hill and taking caused by actions that affect associated with saline seeps along Knisley 1994, p. 31). The authors base habitat. Federally funded or permitted stream banks and salt flats with the this estimate on available literature and projects affecting listed species outside appropriate soil moisture and salinity on preliminary observations of their designated critical habitat areas levels and that are largely barren and population stability at several sites, but may still result in jeopardy findings in nonvegetated. During the subspecies’ acknowledge that there is little some cases. These protections and nearly 2-year larval stage, its spatial information available regarding the conservation tools will continue to requirements are small, but very specific amount of habitat necessary to support contribute to recovery of this species. in terms of soil texture, moisture, and a population of this size. Similarly, critical habitat designations chemical composition (Allgeier et al. The Salt Creek tiger beetle is made on the basis of the best available 2004, pp. 5–6; Allgeier 2005, p. 64; historically known from six populations information at the time of designation Brosius 2010, p. 20; Harms 2012a, pers. (70 FR 58336, October 6, 2005); four will not control the direction and comm.). At this stage, the subspecies is from Little Salt Creek, one from Rock substance of future recovery plans, a sedentary predator that positions itself Creek, and one from Oak Creek (i.e., habitat conservation plans (HCPs), or at the top of its burrow to catch prey Capitol Beach). Half of these other species conservation planning that passes nearby. Tiger beetle larvae populations are now extirpated. Our efforts if new information available at do not move more than an inch or so recovery goal for the subspecies is to re- the time of these planning efforts calls from where eggs are originally deposited establish six populations, each with a for a different outcome. by the female (Brosius 2010, p. 64). size of 500 individuals or more. Little The adult stage of the Salt Creek tiger Salt Creek contains saline wetland and Physical or Biological Features beetle lasts a few weeks in May, June, stream habitats currently occupied by In accordance with section 3(5)(A)(i) and July (Carter 1989, pp. 8 and 17). the remaining populations of the and 4(b)(1)(A) of the Act and regulations Adults have greater spatial requirements subspecies. Rock and Oak Creeks also at 50 CFR 424.12, in determining which in order to accommodate foraging needs contain saline wetland and stream areas within the geographical area and egg-laying. We do not have habitats although the subspecies has occupied by the (sub)species at the time information regarding historic dispersal disappeared from those areas. One of of listing to designate as critical habitat, distances for the subspecies. However, the populations at Little Salt Creek we consider the physical or biological adults are strong fliers (Carter 1989, p. (Upper Little Salt Creek South features essential to the conservation of 9); therefore, it is likely they could population) was extirpated, leaving the the (sub)species and which may require disperse some distance if suitable remaining three populations. The two special management considerations or habitat was available. A recent study additional populations on Rock and Oak protection. These include, but are not documented adults dispersing up to Creeks existed prior to the mid-1990s limited to: 1,506 feet (ft) (459 meters(m)), with a (70 FR 58336, October 6, 2005). Visual (1) Space for individual and mean dispersal distance of 137 ft (42 m), surveys of adults at the three remaining population growth and for normal and most individuals dispersed less populations on Little Salt Creek over the behavior; than 82 ft (25 m) (Allgeier 2005, p. 50). past 10 years have ranged from 153 to

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745 individuals (Harms 2009, p. 3). The as well as adjacent habitat to facilitate adjacent water table levels and drying Service determined that 38 ac (15 ha) of dispersal and protect core habitat. We many of the saline wetlands that once scattered barren salt flats and saline identify these spatial characteristics as a provided suitable habitat for the stream edges remain in the Little Salt necessary physical feature for this subspecies (Farrar and Gersib 1991, p. Creek watershed, with approximately 35 subspecies. 29; Murphy 1992, p. 12). Additionally, ac (14 ha) currently occupied by the Salt saline seeps located along Little Salt Food, Water, Air, Light, Minerals, or Creek tiger beetle (70 FR 58342, October Creek have become over-covered Other Nutritional or Physiological 6, 2005; George and Harms 2013, pers. following bank sloughing that was Requirements comm.). facilitated by channel entrenchment. In the absence of specific data on how Food—The Salt Creek tiger beetle is a Seeps are currently the only locations much space is required to maintain predatory insect. Larvae are sedentary that provide suitable larval habitat. viable populations of Salt Creek tiger predators that capture small prey Groundwater—Nebraska’s eastern beetles, we derived an estimate of the passing over or near their burrows on saline wetlands are fed by groundwater amount of habitat needed to support six the soil surface. Adults are very quick aquifer discharge originating from viable populations as follows. The and agile, and use this ability to actively Pennsylvanian and/or Permian minimum population of Salt Creek tiger hunt a wide variety of flying and formations with the actual salt source beetles counted over the past 10 years terrestrial invertebrates (Allgeier 2005, located in north-central Kansas. Urban was 153 adult beetles in 2005, from pp. 1–2, 5). Insect prey may be expansion associated with the City of three populations. We consider a supported by the limited open habitat in Lincoln is placing increasing demands minimum of 500 adult beetles necessary close proximity to the burrows or by the on the aquifer (Gosselin et al. 2001, p. to maintain a single viable population. adjacent vegetated habitat. Typical prey 99). The official soil series description The small population of 153 beetles items include insects belonging to the for the ‘‘Salmo’’ soil series notes that the occupied approximately 35 ac (14 ha) of orders Coleoptera (beetles), Orthoptera water table is near the surface in the habitat. We estimate that 3.3 times as (grasshoppers and crickets), Hemiptera spring and at depths of 2–4 ft (0.6–1.2 much habitat would be required to (true bugs), Hymenoptera (ants, bees, m) in the fall (USDA 2009). Harvey et support a minimum of 500 beetles; and wasps), Odonata (dragonflies), al. (2007, p. 740) monitored therefore approximately 116 ac (47 ha) Diptera (flies), and Lepidoptera (moths groundwater levels and groundwater are required to support a single viable and butterflies) (Allgeier 2005, p. 5). salinity at Rock Creek and Little Salt population, and approximately 696 ac Ants appear to be the most commonly Creek from 2000 through 2002. They (282 ha) would be required to support observed prey of adult tiger beetles found that groundwater did not reach 6 viable populations. This estimate is (Allgeier 2005, p. 5). Larvae are more the soil surface and was present in the very conservative from the standpoint easily affected by a limited food supply upper few yards (meters) of the soil that 500 individuals was used as a than adults because they almost never column only during the spring when minimum viable population size. If the leave their burrows and must wait for groundwater levels were at their highest upper number in the range of 500–1,000 prey (Ratcliffe and Spomer 2002, due to winter snowmelt and spring adults to support a single viable unpaginated). rainstorms. They also noted that the population is used, similar calculations Surface Water—The Salt Creek tiger depth of groundwater was related to the would conclude that approximately beetle prefers very moist soils for egg- proximity of the stream, such that 1,368 ac (554 ha) are required to support laying and during its larval stage, with groundwater was at a lower depth near six viable populations of the subspecies. mean soil moisture of 47.6 percent a stream than far away from it. They Therefore, based upon the best available (Allgeier 2005, p. 72). This high also noted that the area was under slight information, it is reasonable to assume moisture percentage likely aids in the drought conditions during the study that 696–1,368 ac (282–554 ha) are subspecies’ ability to tolerate heat period. The increased depth to needed to maintain the subspecies’ (Allgeier 2005, p. 75) and keeps the soil groundwater in this region is likely due viability. Therefore, we designed our malleable during burrow construction to a combination of factors including revised critical habitat units to provide and maintenance (Harms 2012b, pers drought, channelization along Salt sufficient habitat to ensure the comm.). Adults of the subspecies spend Creek, and water depletions for urban subspecies’ recovery. significantly more time on damp and agricultural uses. If groundwater Summary—Based upon the best surfaces and in shallow water than other levels continue to decline, saline available information, we conclude that tiger beetles (Ratcliffe and Spomer 2002, features of the wetlands could gradually recovery of the Salt Creek tiger beetle unpaginated; Brosius 2010, p. 70). This change to freshwater, or wetlands could would require at least six populations, close association with seeps and dry. Either of these scenarios could with each population containing at least adjacent shallow pools may allow adults result in extirpation of the Salt Creek 500–1,000 adults of the subspecies. We to forage at times when high tiger beetle from affected wetlands and estimate that at least 696–1,368 ac (282– temperatures limit foraging by other could ultimately lead to extinction of 554 ha) would be required to maintain saline-adapted tiger beetles. However, the subspecies. these populations. Given the nature of this association may also explain some Saline Soils—Soils in the eastern insect populations, which are cyclic and of the subspecies’ vulnerability to saline wetlands of Nebraska typically subject to local extirpations, the extinction—beyond the loss of saline contain chloride or sulfate salts and subspecies must be sufficiently wetlands in general, the limited seeps have a pH from 7–8.5 (Allgeier 2005, p. abundant and in a geographic and pools in the remaining habitat may 17). Salt Creek tiger beetles prefer soils configuration that allows them to represent a further limitation regarding that are slightly saline, with an optimal repopulate areas following local habitat (Brosius 2010, p. 74). electroconductivity of 2,504 extirpations when suitable habitat Channelization along Salt Creek has milliSiemens per meter (mS/m) conditions return. Salt Creek tiger increased its velocity, which in turn has (Allgeier 2005, p. 75). However, beetles require nonvegetated areas resulted in deep cuts in the lower salinities as low as 1,656 mS/m have associated with stream banks, mid- reaches of its tributaries. This change been measured at survey sites channel islands, and salt flats to meet has caused these tributary streams to (Rabadinanth 2010, p. 19). Soil salinity life-history requirements as core habitat, function like drainage ditches, lowering may serve as a means of partitioning

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habitat between the 12 species of tiger summer of its second year (Ratcliffe and remaining saline wetlands (Farrar and beetles in the genus Cicindela that use Spomer 2002, unpaginated; Allgeier Gersib 1991, p. 40). Saline seeps are the saline wetlands of Nebraska 2005, p. 2). The subspecies is a visual known to occur at the Haines Branch (Allgeier et al. 2004, pp. 5–6; Allgeier predator, requiring open habitat to Creek. Few regular surveys for the Salt 2005, p. 65; Brosius 2010, p. 13). locate prey (Ratcliffe and Spomer 2002, Creek tiger beetle have been done in The ‘‘Salmo’’ soil series is found at all unpaginated). Consequently, a clear line these areas; however, suitable habitat known occurrences for the subspecies of sight is important. Habitat that occurs there, and more habitat could be (Allgeier 2005, p. 42). This soil type is becomes covered with vegetation no potentially restored to aid in the formed on saline flood plains, and its longer provides suitable larval habitat recovery of the Salt Creek tiger beetle characteristics typically include: (1) A (Allgeier 2005, p. 78). Burrow habitat (USFWS 2005, p. 18). Given the texture of silt loam or silty-clay loam, can also be impacted from disturbances presence of suitable habitat for a (2) 0–2 percent slope, (3) somewhat such as trampling (Spomer and Higley subspecies with very narrow habitat poorly drained or poorly drained soils, 1993, p. 397), which causes soil preferences with historical records and (4) 0–3 feet to the water table compaction and damages the fragile nearby, we can infer that the subspecies (Gersib and Steinauer 1991, p. 41; crust of salt that is evident on the soil was likely present there in the past. Gilbert and Stutheit 1994, p. 4; USDA surface. After the adult emerges from The Salt Creek tiger beetle has very 2009, pp. 1–3). The ‘‘Saltillo’’ soil series the pupa, it remains in the burrow specific habitat requirements for is found in adjacent Saunders County chamber while its outer skeleton foraging, egg-laying, and larval and has soil characteristics very similar hardens (Ratcliffe and Spomer 2002, development. Requirements regarding to the ‘‘Salmo’’ soil series (USDA 2006, unpaginated). For the remainder of its water, soil salinity, and exposed habitat pp. 1–4). Consequently we believe that brief adult stage, burrows are no longer are described in the previous sections. this soil type may also be able to used. Summary—Based upon the best provide suitable salinity levels and Summary—Based upon the best available information, we conclude that capacity to hold sufficient soil moisture available information, we conclude that the Salt Creek tiger beetle requires a for the subspecies. the Salt Creek tiger beetle requires a core habitat of moist saline soils with Light—Salt Creek tiger beetles have suitable burrow in moist, saline, minimal vegetative cover for foraging, only been observed laying eggs at night sparsely vegetated soils for its larval egg-laying, and larval development. (Allgeier et al. 2004, p. 5). Light stage. We identify this characteristic as Adjacent, more vegetative habitat is pollution from urban areas likely a necessary physical feature for the used for shade to cool adults (Harms disrupts nocturnal behavior by subspecies. 2013, pers. comm.), protecting core attracting beetles towards the light and habitat, and supporting a diverse source out of their normal habitats (Allgeier et Sites for Breeding, Reproduction, or of prey for adults and larval Salt Creek al. 2003, p. 8). In both field and Development of Offspring tiger beetles. Approximately 90 percent laboratory studies, attraction to light Annual visual surveys have been of all remaining wetlands suitable for from different types of lamps varied, in conducted since 1991, when six Salt Creek tiger beetles occur in the decreasing order, from blacklight, populations were known. Each of the Little Salt Creek and Rock Creek mercury vapor, fluorescent, three populations of Salt Creek tiger watersheds, but saline seeps and incandescent, and sodium vapor, with beetle currently known is associated wetlands also occur at Oak and Haines blacklight being the most favored by the with Category 1 wetlands along Little Branch Creeks. We identify barren salt subspecies (Allgeier 2005, pp. 89–95). Salt Creek including moist saline soils flats and saline seeps along streams and The disruption in behavior caused by and seeps which can be located at saline within suitable wetlands as a necessary lights could affect egg-laying activity of wetlands and streams. Three additional physical feature for the subspecies. females, if it attracts females into populations occurred in the mid-1990s Primary Constituent Elements for the unsuitable habitat. on Little Salt Creek, Oak Creek, and Summary—Based upon the best Rock Creek, but these have been Salt Creek Tiger Beetle available information, we conclude that extirpated since 1998. No records of the Under the Act and its implementing the Salt Creek tiger beetle requires subspecies are known for other regulations, we are required to identify abundant available insect prey tributaries of Salt Creek. However, the the physical or biological features (supported by both the immediate core subspecies may have been abundant essential to the conservation of the Salt habitat and adjacent habitat), moist historically, based on numerous Creek tiger beetle in areas occupied at saline soils, and minimal light museum specimens collected from the the time of listing, focusing on the pollution. We identify these Oak Creek area (locally referred to as features’ primary constituent elements. characteristics as necessary physical or Capitol Beach (Carter 1989, p. 17; Primary constituent elements are those biological features for the subspecies. Allgeier et al. 2003, p. 1)). The Oak specific elements of the physical or Creek (Capitol Beach) population was biological features that provide for a Cover or Shelter severely impacted following (sub)species’ life-history processes and Burrows—Salt Creek tiger beetle construction of the Interstate-80 corridor are essential to the conservation of the larvae are closely associated with their and other urban development (Farrar (sub)species. burrows, which provide cover and and Gersib 1991, pp. 24–25), and finally Based on our current knowledge of shelter for approximately 2 years. disappeared in 1998. Little or no the physical or biological features and Larvae are sedentary predators and suitable habitat remains along Oak habitat characteristics required to position themselves at the top of their Creek because it has been channelized sustain the (sub)species’ life-history burrows. When prey passes nearby, a and has become somewhat entrenched. processes, we determine that the larva lunges out of its burrow, clutches However, numerous saline seeps and a primary constituent elements specific to the prey in its mandibles, and pulls the large salt flat are located southwest of the Salt Creek tiger beetle are saline prey down into the burrow to feed. Oak Creek in its former floodplain. barrens and seeps found within saline Once a larva obtains enough food, it Little Salt Creek and Rock Creek still wetland habitat in Little Salt, Rock, Oak plugs its burrow and digs a pupation contain numerous saline wetlands and and Haines Branch Creeks. For our chamber, emerging as an adult in early are the focus of efforts to protect evaluation, we determined that two

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habitat types within suitable wetlands associated with stream banks, mid- species. We are designating critical are required by the Salt Creek tiger channel islands, and mudflats) may habitat in areas within the geographical beetle: require special management area occupied by the subspecies at the • Exposed mudflats associated with considerations or protection to reduce time of listing in 2005 (Little Salt Creek) saline wetlands or the exposed banks threats. For example, a loss of moist, under the first prong of the Act’s and islands of streams and seeps that open habitat necessary for larval definition of critical habitat. We also are contain adequate soil moisture and soil foraging, thermoregulation, and other designating specific areas outside the salinity are essential core habitats. life-history activities resulted in the geographical area occupied by the These habitats support egg-laying and extinction of another endemic tiger subspecies at the time of listing that foraging requirements. The ‘‘Salmo’’ soil beetle––the Sacramento Valley tiger were documented to be occupied as series is the only soil type that currently beetle (Cicindela hirticollis abrupta) recently as the mid-1990s, or are supports occupied habitat; however, (Knisley and Fenster 2005, p. 457). This presumed to have been occupied in the ‘‘Saltillo’’ is the other soil series that has was the first tiger beetle known to be past given the availability of suitable adequate soil moisture and salinity and extirpated. Actions that could saline habitat, but which are presently can also provide suitable habitat. ameliorate threats include, but are not unoccupied (Rock, Oak, and Haines • Vegetated wetlands adjacent to core limited to: Branch Creeks), under the second prong habitats that provide shade for (1) Increased protection of existing of the Act’s definition of critical habitat. subspecies thermoregulation, support a habitat through actions such as land We have determined that such areas are source of prey for adults and larval acquisition and limiting access; essential for the conservation of the forms of Salt Creek tiger beetles, and (2) Restoration of potential habitat subspecies as they will spread the risk protect core habitats. within saline wetlands and streams of subspecies extinction over multiple With this final designation of critical through exposure of saline seeps, stream systems. Important sources of habitat, we intend to identify the removal of sediment layers to expose supporting data include the final rule physical or biological features essential saline soils and seeps, and use of wells for listing the subspecies (70 FR 58335, to the conservation of the subspecies, to pump saline water over saline soils October 6, 2005), the recovery outline through the identification of the by Federal, State, and local interested (USFWS 2009), available literature, and features’ primary constituent elements parties; information provided by the University sufficient to support the life-history (3) Establishment of multiple of Nebraska at Lincoln and the processes of the subspecies. populations in the Rock, Oak, and Commission (citations noted herein). Haines Branch Creeks through captive Special Management Considerations or We are including all currently rearing and translocation of laboratory- Protections occupied habitat in our designation of reared larvae originating from wild critical habitat because any further loss When designating critical habitat, we populations; of occupied habitat would increase the assess whether the specific areas within (4) Protection of habitat adjacent to Salt Creek tiger beetle’s susceptibility to the geographical area occupied by the existing and new populations to provide extinction. As previously noted, the species at the time of listing contain dispersal corridors, support prey subspecies currently occupies features that are essential to the populations, and protect wetland approximately 35 ac (14 ha) of saline conservation of the species and which functions; and wetland and streams in three small may require special management (5) Avoidance of activities such as populations along approximately 7 mi considerations or protection. A detailed groundwater depletions, new (11 km) of Little Salt Creek. The three discussion of threats to the Salt Creek channelization projects, increased existing populations are referred to as tiger beetle and its habitat can be found surface water runoff, and residential or Upper Little Salt Creek-North, Little Salt in the October 6, 2005, final rule to list road development that could alter soil Creek-Arbor Lake, and Little Salt Creek- the subspecies (70 FR 58335). moisture levels, salinity, open habitat, Roper. The primary threats impacting the or low light levels required by the We are also including unoccupied physical and biological features subspecies. saline wetlands, specifically saline salt essential to the conservation of the Salt flats along Little Salt Creek that are Criteria Used To Identify Critical Creek tiger beetle are described in detail interspersed among these three Habitat in the final rule to list the subspecies populations. These barren salt flats are published on October 6, 2005 (70 FR As required by section 4(b)(2) of the essential to the conservation of the 58335). These threats may require Act, we use the best scientific data subspecies because they provide larval special management considerations or available to designate critical habitat. In habitat, protect existing populations, protection within the critical habitat accordance with the Act and our provide dispersal corridors between and include, but are not limited to, implementing regulations at 50 CFR populations, support prey populations, urban development (e.g., commercial 424.12(b), we review available and provide potential habitat for new and residential development, road information pertaining to the habitat populations. construction, associated light pollution, requirements of the species and identify Lastly, we are including unoccupied and stream channelization) and occupied areas at the time of listing that barren salt flats and saline streams along agricultural development (e.g., over- contain the features essential to the Rock, Oak, and Haines Branch Creeks grazing and cultivation). These threats conservation of the species. If, after that were either occupied by the are exacerbated by having only three identifying areas occupied at the time of subspecies until 1998 (i.e., Rock and populations on one stream (Little Salt listing, we determine that those areas Oak Creeks) or have suitable habitat for Creek) with extremely low numbers and are inadequate to ensure conservation of the Salt Creek tiger beetle, but were a highly restricted range making this the species, in accordance with the Act surveyed infrequently (Haines Branch). subspecies particularly susceptible to and our implementing regulations at 50 We have determined that these areas extinction in the foreseeable future. CFR 424.12(e) we then consider whether (Little Salt, Rock, Oak, and Haines The features essential to the designating additional areas—outside Branch Creeks) are essential to the conservation of the Salt Creek tiger those occupied at the time of listing— conservation of the subspecies because beetle (exposed, moist, saline areas are essential for the conservation of the they provide necessary redundancy in

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the event of an environmental extended 137 ft (the average known habitat to allow for that recovery to catastrophe associated with Little Salt dispersal distance for the subspecies) on occur. We considered other possible Creek—the only watershed that either side of the stream course. We critical habitat configurations for this currently supports the subspecies. All of used 137 ft because it is the average designation, including larger and these areas are tributaries to Salt Creek. distance that the Salt Creek tiger beetle smaller designations and different We recommend that at least one can move to meet life-history requisites, numbers of units. In this final revised viable population of Salt Creek tiger which can be satisfied within the stream designation, we have targeted areas that beetles be established in each of the segment and adjacent saline barrens and are better able to support the subspecies. three unoccupied units of critical seeps in the floodplain area. We This designation includes saline seeps habitat, recognizing the uncertainty as concluded that this distance would where the subspecies has actually been to which areas will successfully support provide the subspecies with sufficient found along Rock, Little Salt, Oak, and reintroduced populations. However, so prey resources. Haines Branch Creeks. Additionally, a little appropriate habitat remains in one Some other areas within the likely 137-foot (42 m) dispersal distance was of these units (Haines Branch) that it is historical range of the Salt Creek tiger extended outward on either side of below the number of acres that we beetle were considered in this revised these creeks to provide the Salt Creek estimated would be necessary to designation, but ultimately are not tiger beetle with access to a vegetative support a population of 500 adults. included. We do not designate suitable mosaic around the salt flats located in With habitat restoration, we believe that saline wetlands along Middle Creek as the floodplain. The use of the 137 foot the Haines Branch Unit would be critical habitat because the habitat there (42 m) dispersal distance outward from capable of supporting a viable has been eliminated due to commercial the creeks is the primary reason why the population of Salt Creek tiger beetles. and residential developments, road critical habitat acreage is less that our These populations, in addition to the construction, and stream previous designation (1,933 acres) (782 three existing populations at Little Salt channelization, and is probably not ha), which included large blocks of Creek, would result in six populations, restorable. Similarly, we do not adjacent Category I saline wetlands. with at least 500 adults in each designate areas on tributaries to Salt These Category I saline wetlands would population, but with three populations Creek near the Cities of Roca and need to be restored to provide habitat in Little Salt Creek. This is the number Hickman, Nebraska, because for the Salt Creek tiger beetle. In of populations documented in the mid- agricultural development has somewhat addition, this revised designation better 1990s, and the minimum number limited the ability of these areas to be provides for conservation by including needed for subspecies recovery; restored for the benefit of the Salt Creek additional unoccupied habitat that is however, at that time, none of these tiger beetle. We also do not designate suitable for the species so that we can populations were large enough to areas of Salt Creek downstream of establish additional populations needed maintain the subspecies’ viability, and Lincoln, Nebraska, because channel to improve the subspecies’ redundancy three of the populations were later entrenchment has resulted in the loss of and resiliency, two important factors in extirpated. As the populations expand saline seep and saline wetland habitats reducing extinction risk. We have to viable numbers, we anticipate that there. We also do not include some conclude that this designation of 1,110 they will be within the maximum remaining areas of saline wetlands in acres in four units is the most documented dispersal range of the Upper Salt Creek because they are biologically appropriate as it is based on subspecies and may eventually outside of the average dispersal distance habitat features that are used by Salt constitute one metapopulation that has of 137 feet for the subspecies. Creek tiger beetles, is consistent with spatially separated populations with This revision to the critical habitat the statutory definition of critical some interaction between those designation for Salt Creek tiger beetle habitat, and will best provide for the populations. decreases the previous designation of recovery of the subspecies. We delineated the critical habitat unit 1,933 acres by 823 acres, but it increases When determining critical habitat boundaries for the Salt Creek tiger beetle the number of unoccupied units from boundaries within this final rule, we using the following steps: one to three. This change extends made every effort to avoid including (1) We used Geographic Information critical habitat to two additional stream developed areas such as lands covered System (GIS) coverages initially corridors not previously included in by buildings, pavement, and other generated by Gilbert and Stutheit (1994, critical habitat that could support structures because such lands lack entire) to categorize saline wetlands in populations of the subspecies in the physical or biological features for the the Salt Creek watershed of Lancaster future, thereby reducing the risk of Salt Creek tiger beetle. The scale of the and Saunders Counties, Nebraska. extinction. We have also revised the maps we prepared under the parameters (2) We delineated critical habitat PCEs on which this revision was based for publication within the Code of within the areas of Little Salt, Rock, to make them clearer and easier for the Federal Regulations may not reflect the Oak, and Haines Branch Creeks that (a) public to understand. However, these exclusion of such developed lands. Any are documented to support the revised PCEs are based on the same such lands inadvertently left inside subspecies currently or to have biological concepts about the needs of critical habitat boundaries shown on the supported it in the recent past (until the Salt Creek tiger beetle that were maps of this final rule have been 1998), or (b) that provide potential used in the previous critical habitat excluded by text in the rule and are not suitable habitat for the subspecies that designation. designated as critical habitat. Therefore, could sustain a viable population. Since the time of our previous critical a Federal action involving these lands (3) We delineated all of the barren salt habitat designation, we have begun the will not trigger section 7 consultation flats in the four creeks with adjacent process of recovery planning, and have with respect to critical habitat and the suitable saline wetlands. preliminarily determined that at least requirement of no adverse modification (4) In order to include surrounding six populations of 500–1,000 beetles unless the specific action would affect vegetative areas that provide essential within suitable habitat across multiple the physical or biological features in the resources and support functions to the stream corridors would be necessary to adjacent critical habitat. subspecies, we delineated areas on recover the subspecies. Therefore, we The critical habitat designation is segments of the four creeks that are designating an amount of critical defined by the map or maps, as

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modified by any accompanying features to support life-history processes redundancy in the event that adverse regulatory text, presented at the end of essential for the conservation of the effects on one of these watersheds this document in the Regulation subspecies, and lands outside of the impact Salt Creek tiger beetles or their Promulgation section. We include more geographical area occupied at the time habitat. detailed information on the boundaries of listing that we have determined are of the critical habitat designation in the essential for the conservation of the Salt Final Critical Habitat Designation preamble of this document. We will Creek tiger beetle. We are designating four units as make the coordinates or plot points or We are designating four units based critical habitat for the Salt Creek tiger both on which each map is based on sufficient elements of physical or available to the public on http:// biological features being present to beetle. The critical habitat areas www.regulations.gov at Docket No. support the Salt Creek tiger beetle life described below constitute our best FWS–R6–ES–2013–0068, on our processes. Some units contain all of the assessment at this time of areas that Internet site http://www.fws.gov/ identified elements of physical or meet the definition of critical habitat. mountain-prairie/species/invertebrates/ biological features and support multiple The four units are: (1) Little Salt Creek— saltcreektiger/, and at the field office life processes. Some units contain only under the first prong of the Act’s responsible for the designation (see FOR some elements of the physical or definition of critical habitat and (2) FURTHER INFORMATION CONTACT, above). biological features necessary to support Rock Creek, Oak Creek, and Haines We are designating as critical habitat the Salt Creek tiger beetle’s particular Branch—under the second prong of the lands that we have determined were use of that habitat. Designating units of Act’s definition of critical habitat. Table occupied at the time of listing and critical habitat on Little Salt, Rock, Oak, 1 shows the occupancy status of these contain sufficient physical or biological and Haines Branch creeks provides units.

TABLE 1—OCCUPANCY OF SALT CREEK TIGER BEETLE BY DESIGNATED CRITICAL HABITAT UNIT

Unit Occupied at time of listing? Currently occupied?

Little Salt Creek Unit ...... Yes ...... Yes. Rock Creek Unit ...... No ...... No. Oak Creek Unit ...... No ...... No. Haines Branch Unit ...... No ...... No.

The approximate area and ownership of each critical habitat unit is shown in Table 2.

TABLE 2—DESIGNATED CRITICAL HABITAT UNITS FOR SALT CREEK TIGER BEETLE [Area estimates reflect all land within critical habitat unit boundaries]

Percent of Critical habitat unit Land ownership by type Estimated quantity of critical critical habitat habitat unit

Little Salt Creek Unit ...... City of Lincoln, Lower Platte South Natural Resources District, Ne- 40 ac (16 ha) 14 braska Game & Parks Commission, The Nature Conservancy, 19 ac (8 ha) 7 Pheasants Forever, Private *. 41 ac (17 ha) 14 29 ac (12 ha) 10 11 ac (4 ha) 4 144 ac (58 ha) 51

Subtotal ...... 284 ac (115 ha) Rock Creek Unit ...... Nebraska Game & Parks Commission, Private * ...... 152 ac (62 ha) 29 374 ac (152 ha) 71

Subtotal ...... 526 ac (213 ha) Oak Creek Unit ...... Nebraska Department of Roads, City of Lincoln ...... 30 ac (12 ha) 14 178 ac (72 ha) 86

Subtotal ...... 208 ac (84 ha) Haines Branch Unit ...... BNSF Railway, City of Lincoln/State of Nebraska, Private ...... 7 ac (3 ha) 8 45 ac (18 ha) 49 40 ac (16 ha) 43

Subtotal ...... 92 ac (37 ha)

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TABLE 2—DESIGNATED CRITICAL HABITAT UNITS FOR SALT CREEK TIGER BEETLE—Continued [Area estimates reflect all land within critical habitat unit boundaries]

Percent of Critical habitat unit Land ownership by type Estimated quantity of critical critical habitat habitat unit

Total ...... City of Lincoln, Lower Platte South Natural Resources District, Ne- 263 ac (106 ha) 24 braska Game & Parks Commission, Nebraska Department of 19 ac (8 ha) 1.7 Roads, BNSF Railway, The Nature Conservancy, Pheasants For- 193 ac (78 ha) 17.4 ever, Private *. 30 ac (12 ha) 2.7 7 ac (3ac) 0.6 29 ac (12 ha) 2.6 11 ac (4 ha) 1.0 558 ac (226 ha) 50.0

Total ...... 1,110 ac (449 ha) * Several private tracts are protected by easements.

We present a brief description of each needed, because without continued overgrazing and cultivation). unit and reasons why it meets the special management, historical impacts Approximately 152 ac (61 ha) of barren definition of critical habitat for Salt from development will continue to salt flats and the stream segment are Creek tiger beetle below. adversely affect much of the habitat. part of the Jack Sinn WMA (owned by The remaining 50 percent of the Little Unit 1: Little Salt Creek Unit Nebraska Game and Parks Commission) Salt Creek Unit that is not currently located in southern Saunders and This unit consists of 284 ac (115 ha) receiving special management through northern Lancaster Counties. This tract of barren salt flats and three stream protection and restoration of saline has undergone several projects to restore segments on Little Salt Creek in wetland habitat remains vulnerable to saline wetlands. However, special Lancaster County from near its junction both historical and ongoing impacts management is needed, because without with Salt Creek to approximately 7 mi from development. The lower reaches of special management through habitat (11 km) upstream. It includes the three Little Salt Creek are in or near the City protection and restoration, historical existing populations of Salt Creek tiger of Lincoln and, consequently, are most impacts from development will beetles (Upper Little Salt Creek-North, vulnerable to impacts related to urban continue to adversely affect much of the Arbor Lake, and Little Salt Creek-Roper) development; upper stream reaches are habitat. The 71 percent of the Rock present at the time of listing, and an more impacted by agricultural Creek Unit that is not currently additional site with an extirpated development. receiving special management through population (Upper Little Salt Creek- protection and restoration of saline South). The Upper Little Salt Creek Unit 2: Rock Creek Unit wetland habitat remains vulnerable to population is not considered viable The unit consists of 526 ac (213 ha) both historical and ongoing impacts given low populations numbers known of barren salt flats and a stream segment from development. This unit is further from this area. This unit contains the of Rock Creek from approximately 2 mi removed from Lincoln; therefore, it physical or biological features essential (3 km) above its confluence with Salt faces fewer threats from urban to the Salt Creek tiger beetle. Creek to approximately 12 mi (19 km) development (e.g., commercial and Approximately 50 percent of the unit upstream. Most of this stream reach is residential development, road is either owned by entities that will in Lancaster County, but the construction, and stream protect or restore saline wetland habitat northernmost portion is in southern (see Table 2) or is part of an easement Saunders County. This unit was not channelization) and more threats from that protects the saline wetland habitat occupied at the time of listing; however, agricultural development (e.g., in perpetuity. This portion of the unit is one population was present there until overgrazing and cultivation) than the largely protected from future urban 1998. This unit contains the physical or Little Salt Creek Unit. development (e.g., commercial and biological features essential to the Salt Unit 3: Oak Creek Unit residential development, road Creek tiger beetle. It is essential to the construction, and stream conservation of the subspecies because The unit consists of 208 ac (84 ha) of channelization) and future agricultural any population established on Rock barren salt flats and a saline seep development (e.g., overgrazing and Creek would provide redundancy, in the complex located within a historic cultivation) by the landowners’ or event of a natural or manmade disaster floodplain of Oak Creek. The unit is easement holders’ participation in the on Little Salt Creek. located along Interstate 80 in the Implementation Plan for the Approximately 29 percent of the unit northwest part of Lincoln, near the Conservation of Nebraska’s Eastern is either owned by an entity that will Municipal airport in Lancaster County. Saline Wetlands and their membership protect or restore saline wetland habitat This unit was not occupied at the time in the Saline Wetlands Conservation (see Table 2) or is part of an easement of listing; however, one population was Partnership (SWCP). At least two tracts that protects the saline wetland habitat present until 1998. This unit contains (owned by the City of Lincoln) have in perpetuity. This portion of the unit is the physical or biological features been restored (Arbor Lake and Frank largely protected from future urban essential to the Salt Creek tiger beetle Shoemaker Marsh) (Malmstrom 2011 development (e.g., commercial and and is essential to the conservation of and 2012, entire) and other areas are in residential development, road the subspecies because any population the process of being restored or are construction, and stream established on Oak Creek would provide managed to conserve saline wetlands. channelization), but not future redundancy, in the event of a natural or However, special management is agricultural development (e.g., manmade disaster on Little Salt Creek.

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Approximately 86 percent of the unit Effects of Critical Habitat Designation (1) A concurrence letter for Federal is owned by the City of Lincoln and 14 actions that may affect, but are not Section 7 Consultation percent by the Nebraska Department of likely to adversely affect, listed species Roads (see Table 2). This unit is largely Section 7(a)(2) of the Act requires or critical habitat; or protected from future urban Federal agencies, including the Service, (2) A biological opinion for Federal development (e.g., commercial and to ensure that any action they fund, actions that may affect and are likely to residential development, road authorize, or carry out is not likely to adversely affect, listed species or critical construction, and stream jeopardize the continued existence of habitat. When we issue a biological opinion channelization) and future agricultural any endangered species or threatened concluding that a project is likely to development (e.g., overgrazing and species or result in the destruction or jeopardize the continued existence of a cultivation). Barren salt flats including adverse modification of designated listed species and/or destroy or the saline seep complex along Interstate critical habitat of such species. In addition, section 7(a)(4) of the Act adversely modify critical habitat, we 80 are part of this unit. This tract was requires Federal agencies to confer with provide reasonable and prudent once a part of a large saline wetland the Service on any agency action which alternatives to the project, if any are complex and is the type locality for the is likely to jeopardize the continued identifiable, that would avoid the Salt Creek tiger beetle. However, a existence of any species proposed to be likelihood of jeopardy and/or substantial amount of development has listed under the Act or result in the destruction or adverse modification of resulted in the loss of the once large destruction or adverse modification of critical habitat. We define ‘‘reasonable saline wetland known from the area and proposed critical habitat. and prudent alternatives’’ (at 50 CFR special management practices may be Decisions by the 5th and 9th Circuit 402.02) as alternative actions identified needed to restore hydrology and the Courts of Appeals have invalidated our during consultation that: saline flat and seep habitats once regulatory definition of ‘‘destruction or (1) Can be implemented in a manner prevalent in the area. This unit is near adverse modification’’ (50 CFR 402.02) consistent with the intended purpose of the City of Lincoln; however, it faces (see Gifford Pinchot Task Force v. U.S. the action, fewer threats from urban development Fish and Wildlife Service, 378 F. 3d (2) Can be implemented consistent (e.g., commercial and residential 1059 (9th Cir. 2004) and Sierra Club v. with the scope of the Federal agency’s development, road construction, and U.S. Fish and Wildlife Service et al., 245 legal authority and jurisdiction, (3) Are economically and stream channelization) than the Little F.3d 434, 434 (5th Cir. 2001)), and we technologically feasible, and do not rely on this regulatory definition Salt Creek Unit given the limitations on (4) Would, in the Director’s opinion, when analyzing whether an action is development that can be done along the avoid the likelihood of jeopardizing the likely to destroy or adversely modify Interstate and within the boundaries of continued existence of the listed species critical habitat. Under the provisions of the Lincoln Municipal Airport. and/or avoid the likelihood of the Act, we determine destruction or destroying or adversely modifying Unit 4: Haines Branch Unit adverse modification on the basis of critical habitat. whether, with implementation of the The unit consists of 92 ac (37 ha) of Reasonable and prudent alternatives proposed Federal action, the affected barren salt flats and a 2.8-mile long can vary from slight project critical habitat would continue to serve Haines Branch stream segment. Haines modifications to extensive redesign or its intended conservation role for the relocation of the project. Costs Branch is located on the west side of species. Lincoln, near Pioneers Park in Lancaster associated with implementing a If a Federal action may affect a listed reasonable and prudent alternative are County. This unit was not occupied at species or its critical habitat, the the time of listing, but suitable habitat similarly variable. responsible Federal agency (action Regulations at 50 CFR 402.16 require in the form of saline seeps and wetlands agency) must enter into consultation Federal agencies to reinitiate are available for the Salt Creek tiger with us. Examples of actions that are consultation on previously reviewed beetle. This unit contains the physical subject to the section 7 consultation actions in instances where we have or biological features essential to the process are actions on State, tribal, listed a new species or subsequently Salt Creek tiger beetle and is essential to local, or private lands that require a designated critical habitat that may be the conservation of the subspecies Federal permit (such as a permit from affected and the Federal agency has because any population established on the U.S. Army Corps of Engineers under retained discretionary involvement or Haines Branch Creek would provide section 404 of the Clean Water Act (33 control over the ongoing action (or the redundancy, in the event of a natural or U.S.C. 1251 et seq.) or a permit from the agency’s discretionary involvement or human-caused disaster on Little Salt Service under section 10 of the Act) or control is authorized by law). Creek. that involve some other Federal action Consequently, Federal agencies The entire unit is owned by private (such as funding from the Federal sometimes may need to request Highway Administration, Federal entities (see Table 2). This unit is not reinitiation of consultation with us on Aviation Administration, or the Federal protected from future urban actions for which formal consultation Emergency Management Agency). development (e.g., commercial and has been completed, if those actions Federal actions not affecting listed with discretionary involvement or residential development, road species or critical habitat, and actions construction, and stream control may affect subsequently listed on State, tribal, local, or private lands species or designated critical habitat. channelization) or future agricultural that are not federally funded or development (e.g., overgrazing and authorized, do not require section 7 Application of the ‘‘Adverse cultivation). Special management is consultation. Modification’’ Standard needed to restore the hydrology and As a result of section 7 consultation, The key factor related to the adverse saline flat and seep habitats for the we document compliance with the modification determination is whether, subspecies. requirements of section 7(a)(2) through with implementation of the proposed our issuance of: Federal action, the affected critical

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habitat would continue to serve its wetland habitat could impact our ability any particular area as critical habitat. intended conservation role for the to conserve the Salt Creek tiger beetle. The Secretary may exclude an area from species. Activities that may destroy or (3) Actions that would cause critical habitat if she determines that the adversely modify critical habitat are trampling of open saline areas benefits of such exclusion outweigh the those that alter the physical or associated with stream banks, mid- benefits of specifying such area as part biological features to an extent that channel islands, and mudflats. Such of the critical habitat, unless she appreciably reduces the conservation activities could include, but are not determines, based on the best scientific value of critical habitat for the Salt limited to, overgrazing by livestock data available, that the failure to Creek tiger beetle. As discussed above, within critical habitat. Trampling could designate such area as critical habitat the role of critical habitat is to support result in the destruction of larvae and will result in the extinction of the life-history needs of the species and larval burrows, leading to population species. In making that determination, provide for the conservation of the declines. the statute on its face, as well as the species. (4) Actions that would increase legislative history, are clear that the Section 4(b)(8) of the Act requires us nighttime levels of light. Such activities Secretary has broad discretion regarding to briefly evaluate and describe, in any could include, but are not limited to, which factor(s) to use and how much proposed or final regulation that new construction of residential or weight to give to any factor. designates critical habitat, activities commercial areas that includes Under section 4(b)(2) of the Act, we involving a Federal action that may nighttime lighting. Light pollution likely may exclude an area from designated destroy or adversely modify such disrupts nocturnal behavior by critical habitat based on economic habitat, or that may be affected by such attracting beetles away from their impacts, impacts on national security, designation. normal habitats (Allgeier et al. 2003, p. or any other relevant impacts. In Activities that may affect critical 8). Attraction to light from different considering whether to exclude a habitat, when carried out, funded, or types of lamps varies, in decreasing particular area from the designation, we authorized by a Federal agency, should order, from blacklight, mercury vapor, identify the benefits of including the result in consultation for the Salt Creek fluorescent, incandescent, and sodium area in the designation, identify the tiger beetle. These activities include, but vapor, with blacklight being the most benefits of excluding the area from the are not limited to: favored (Allgeier et al. 2004, p. 10). The designation, and evaluate whether the (1) Actions that would alter soil disruption in behavior could affect benefits of exclusion outweigh the moisture or salinity. Such activities nighttime egg-laying activity of females, benefits of inclusion. If the analysis could include, but are not limited to, if it attracts females into unsuitable indicates that the benefits of exclusion development within or adjacent to habitat. outweigh the benefits of inclusion, the critical habitat such as installation of (5) Actions that would result in Secretary may exercise her discretion to tile drains in agricultural lands, modification to the right-of-way located exclude the area only if such exclusion construction of storm drains in urban along Interstate 80 that could alter the would not result in the extinction of the areas, road construction, or further hydrology supporting saline seeps and species. development of residential or salt flats at Oak Creek. This could Exclusions Based on Economic Impacts commercial areas. These activities could include earth disturbance and decrease soil moisture levels (in the case installation of drainage structures. Under section 4(b)(2) of the Act, we of tile drains) or increase soil moisture consider the economic impacts of and decrease salinity levels through Exemptions specifying any particular area as critical increased runoff of fresh surface water Application of Section 4(a)(3) of the Act habitat. In order to consider economic (in the case of storm drains, road impacts, we prepared an incremental Section 4(a)(3)(B)(i) of the Act (16 construction, and residential or effects memorandum (IEM) and commercial development). Any change U.S.C. 1533(a)(3)(B)(i)) provides that: screening analysis which together with to soil moisture or salinity levels could ‘‘The Secretary shall not designate as our narrative and interpretation of degrade or destroy habitat by altering critical habitat any lands or other effects, was our draft economic analysis habitat characteristics beyond the geographic areas owned or controlled by (DEA) of the proposed critical habitat narrow range of soil moisture and the Department of Defense, or designation (IEc 2014). The draft salinity required by the subspecies. A designated for its use, that are subject to analysis, dated February 5, 2014, was secondary effect of increased freshwater an integrated natural resources made available for public review from inputs that lessens soil salinity is the management plan [INRMP] prepared March 13, 2014, through March 28, 2014 potential invasion of more freshwater- under section 101 of the Sikes Act (16 (79 FR 14206). The DEA addressed tolerant plants such as cattails (Typha U.S.C. 670a), if the Secretary determines potential economic impacts of critical spp.) and reed canary grass (Phalaris in writing that such plan provides a habitat designation for the Salt Creek arundinacea) that eliminate the open benefit to the species for which critical tiger beetle. Following the close of the habitat required by the subspecies habitat is proposed for designation.’’ comment period, we reviewed and (Harvey et al. 2007, p. 749). There are no Department of Defense evaluated all information submitted (2) Actions that would increase the lands with a completed INRMP within during the comment period that may depth to the water table. Such activities the final critical habitat designation. pertain to our consideration of the could include, but are not limited to, Exclusions probable economic impacts of this stream channelization or bank armoring critical habitat designation. Information in Little Salt Creek, Rock Creek, Haines Application of Section 4(b)(2) of the Act relevant to the probable economic Branch, and Oak Creek or adjacent Section 4(b)(2) of the Act states that impacts of critical habitat designation portions of Salt Creek. These activities the Secretary shall designate and make for the Salt Creek tiger beetle is could result in a lowering of the water revisions to critical habitat on the basis summarized below and available in the table within critical habitat that would of the best available scientific data after screening analysis for the Salt Creek compromise groundwater discharge taking into consideration the economic tiger beetle (IEc 2014), available at functions necessary to maintain saline impact, national security impact, and http://www.regulations.gov. We have wetlands. A further loss of saline any other relevant impact of specifying not made any changes to the economic

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screening analysis since the proposed annually in the years following the that the designation would generate the rule, but comments we received that designation of critical habitat. The need for section 7 consultation on pertain to the economic screening economic screening analysis quantifies projects or activities that may affect analysis are discussed in the Summary economic impacts of Salt Creek tiger critical habitat. The administrative costs of Comments and Recommendations beetle conservation efforts associated of these consultations, and costs of any section of this rule. with the following categories of activity: project modifications resulting from The intent of the economic screening (1) Agriculture and livestock grazing; (2) these consultations, reflect incremental analysis is to quantify the economic restoration and conservation; (3) costs of the critical habitat rule. In impacts of all potential conservation residential and commercial particular, we may request project efforts for the Salt Creek tiger beetle; development; (4) water management modifications, including erosion control some of these costs will likely be and supply; (5) transportation activities, and biological monitoring for highway incurred regardless of whether we including bridge construction; and (6) projects to avoid adverse modification designate critical habitat (baseline). The utility activities. The economic in unoccupied critical habitat, and economic impact of the final critical screening analysis considered each grazing restrictions for consultations habitat designation is analyzed by industry or category individually. related to potential conservation comparing scenarios both ‘‘with critical Additionally, the economic screening partnerships. habitat’’ and ‘‘without critical habitat.’’ analysis considered whether each of Based on the historical consultation The ‘‘without critical habitat’’ scenario these activities have any Federal rate and forecasts of projects and represents the baseline for the analysis, involvement. Critical habitat activities identified by land managers, considering protections already in place designation will not affect activities that the economic screening analysis found for the subspecies (e.g., under the do not have any Federal involvement; that the number of future consultations Federal listing and other Federal, State, designation of critical habitat only is likely to be fewer than 12 in a single and local regulations). The baseline, affects activities conducted, funded, year, all of which are expected to be therefore, represents the costs incurred permitted, or authorized by Federal conducted informally. The additional regardless of whether critical habitat is agencies. In areas where the Salt Creek administrative cost of addressing designated. The ‘‘with critical habitat’’ tiger beetle is present, Federal agencies adverse modification during informal scenario describes the incremental already are required to consult with the section 7 consultation is approximately impacts associated specifically with the Service under section 7 of the Act on $2,400 per consultation, and the full designation of critical habitat for the activities they fund, permit, or cost of a new informal consultation is subspecies. The incremental implement that may affect the approximately $7,100 per consultation. conservation efforts and associated subspecies. Once this critical habitat Incremental project modification costs impacts are those not expected to occur designation takes effect (see DATES, may include $360,000 for highway absent the designation of critical habitat above), consultations to avoid the projects in the Oak Creek Unit, and up for the subspecies. In other words, the destruction or adverse modification of to $110,000 if grazing exclosures are incremental costs are those attributable critical habitat will be incorporated into implemented through conservation solely to the designation of critical the existing consultation process. partnerships in the Rock Creek Unit. habitat above and beyond the baseline In occupied habitat (Little Salt Creek Incremental costs are likely to be costs; these are the costs we consider in Unit), the economic screening analysis greatest in the Oak Creek Unit and are the final designation of critical habitat. determined that the economic cost of driven by project modifications for The analysis looks retrospectively at implementing the critical habitat rule highway construction activities. Total baseline impacts incurred since the through section 7 of the Act will most forecast incremental costs of section 7 subspecies was listed, and forecasts likely be limited to additional consultations, including administrative both baseline and incremental impacts administrative effort to consider adverse and project modification costs, are likely to occur with the designation of modification. This finding was based on likely to be less than $540,000 in a given critical habitat. the following factors: year. Thus, in summary, the incremental The economic screening analysis also • The presence of the subspecies costs resulting from the critical habitat addresses how potential economic already results in significant baseline designation are unlikely to reach $100 impacts are likely to be distributed, protection under the Act. million in a given year based on the including an assessment of any local or • Project modifications requested by number of anticipated consultations and regional impacts of habitat conservation the Service to avoid jeopardy to the per-consultation administrative and and the potential effects of conservation subspecies are also likely to avoid project modification costs. Executive activities on government agencies, adverse modification of critical habitat. Order (E.O.) 12866, Regulatory Planning private businesses, and individuals. The The designation of critical habitat is and Review, directs Agencies to assess economic screening analysis measures unlikely to generate recommendations the costs and benefits of regulatory lost economic efficiency associated with for additional or different project actions and quantify those costs and residential and commercial modifications. benefits if that action may have an effect development and public projects and • Critical habitat is unlikely to on the economy of $100 million or more activities, such as economic impacts on increase the number of consultations in any one year. Costs associated with water management and transportation occurring in occupied habitat as a result this designation are not expected to projects, small entities, and the energy of the existing awareness by Federal exceed this threshold, therefore a industry. Decision-makers can use this agencies of the need to consult due to qualitative evaluation in accordance information to assess whether the effects the listing of the subspecies. with E.O. 12866 was prepared for this of the designation might unduly burden • The designation also receives action. a particular group or economic sector. baseline protection from the presence of The designation of critical habitat is Finally, the economic screening analysis a State-listed endangered plant, saltwort unlikely to trigger additional looks retrospectively at costs that have (Salicornia rubra). requirements under State or local been incurred since 2005 (year of the In unoccupied habitat (Rock Creek, regulations. This conclusion is based on subspecies’ listing) (70 FR 58335), and Oak Creek, and Haines Branch Units), the likelihood that activities in wetland considers those costs that may occur the economic screening analysis found areas will require Federal permits and,

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therefore, section 7 consultation. We also consider any social impacts that Required Determinations Additionally, the designation of critical might occur because of the designation. Regulatory Planning and Review habitat has the potential to convey other In preparing this final rule, we have (Executive Orders 12866 and 13563) benefits to the public. Additional efforts determined that there are currently no Executive Order 12866 provides that to conserve the beetle are anticipated in HCPs or other management plans for the unoccupied habitat. Project the Office of Information and Regulatory Salt Creek tiger beetle, and the final modifications may result in direct Affairs (OIRA) will review all significant designation does not include any tribal benefits to the subspecies (e.g., rules. The Office of Information and increased potential for recovery) as well lands or trust resources. However, there Regulatory Affairs has determined that as broader improvements to is an implementation plan for the this rule is not significant. environmental quality in these areas. conservation of Nebraska’s remaining Executive Order 13563 reaffirms the Due to existing data limitations, the eastern saline wetlands (LaGrange et al. principles of E.O. 12866 while calling economic screening analysis is unable 2003, entire). Signatories to this plan for improvements in the nation’s to assess the likely magnitude of such include the Nebraska Game and Parks regulatory system to promote benefits. Commission, the City of Lincoln, the predictability, to reduce uncertainty, and to use the best, most innovative, Our economic analysis did not County of Lancaster, the Lower Platte and least burdensome tools for identify any disproportionate costs that South Natural Resources District, and achieving regulatory ends. The are likely to result from the designation. The Nature Conservancy. This plan may executive order directs agencies to Consequently, the Secretary is not protect and restore Salt Creek tiger consider regulatory approaches that exerting her discretion to exclude any beetle habitat to the same extent into the reduce burdens and maintain flexibility areas from this designation of critical future. The goal of the plan is no net and freedom of choice for the public habitat for the Salt Creek tiger beetle loss of saline wetlands and their where these approaches are relevant, based on economic impacts. associated functions, with long-term feasible, and consistent with regulatory A copy of the IEM and screening improvements in wetland functions objectives. E.O. 13563 emphasizes analysis with supporting documents through restoration of the hydrological further that regulations must be based may be obtained by contacting the system, prescribed wetland on the best available science and that Nebraska Ecological Services Field management, and watershed protection the rulemaking process must allow for Office (see ADDRESSES) or by (LaGrange et al. 2003, p. 6). This plan public participation and an open downloading from the Internet at http:// led to formation of the Saline Wetland exchange of ideas. We have developed www.regulations.gov, or at http:// Conservation Partnership (SWCP), this rule in a manner consistent with www.fws.gov/mountain-prairie/species/ which has purchased nearly 1,200 ac these requirements. invertebrates/saltcreektiger/. (486 ha) of eastern saline wetlands and Regulatory Flexibility Act (5 U.S.C. 601 associated uplands, and acquired Exclusions Based on National Security et seq.) Impacts conservation easements on more than 2,000 ac (810 ha) of additional lands Under the Regulatory Flexibility Act Under section 4(b)(2) of the Act, we (Malmstrom 2011 and 2012, entire). (RFA; 5 U.S.C. 601 et seq.), as amended consider whether there are lands owned Overall, approximately 29 percent of by the Small Business Regulatory or managed by the Department of occupied and unoccupied critical Enforcement Fairness Act (SBREFA) of Defense where a national security 1996 (5 U.S.C. 801 et seq.), whenever an habitat is protected through these impact might exist. In preparing this agency must publish a notice of acquisitions. We believe that activities final rule, we have determined that no rulemaking for any proposed or final lands within the designation of critical implemented under the plan or under rule, it must prepare and make available habitat for the Salt Creek tiger beetle are the SWCP will be supported by the for public comment a regulatory owned or managed by the Department of designation of critical habitat. The flexibility analysis that describes the Defense or Department of Homeland benefits of exclusion of these areas effects of the rule on small entities (i.e., Security, and, therefore, we anticipate would include the reduction in federal small businesses, small organizations, no impact on national security. oversight that would otherwise be and small government jurisdictions). Consequently, the Secretary is not applied if an unoccupied critical habitat However, no regulatory flexibility exerting her discretion to exclude any unit were designated as critical habitat. analysis is required if the head of an areas from this final designation based However, a critical habitat designation agency certifies the rule will not have a on impacts on national security. increases the opportunities for funding significant economic impact on a Exclusions Based on Other Relevant to do habitat restoration projects for the substantial number of small entities. Impacts benefit of the Salt Creek tiger beetle and The SBREFA amended the RFA to its saline wetland and stream habitats. require Federal agencies to provide a Under section 4(b)(2) of the Act, we Therefore, the benefits of including this certification statement of the factual also consider any other relevant impacts area in critical habitat outweigh any basis for certifying that the rule will not resulting from the designation of critical benefits of excluding it. No areas are have a significant economic impact on habitat. We consider a number of excluded from this designation based on a substantial number of small entities. factors, including whether the other relevant impacts. According to the Small Business landowners have developed any HCPs Administration, small entities include or other management plans for the area, We anticipate no impact on tribal small organizations, such as or whether there are conservation lands, partnerships, or HCPs from this independent nonprofit organizations; partnerships that would be encouraged critical habitat designation. small governmental jurisdictions, by designation of, or exclusion from, Accordingly, the Secretary is not including school boards and city and critical habitat. In addition, we look at exercising her discretion to exclude any town governments that serve fewer than any tribal issues and consider the areas from this final designation based 50,000 residents; and small businesses government-to-government relationship on other relevant impacts. (13 CFR 121.201). Small businesses of the United States with tribal entities. include manufacturing and mining

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concerns with fewer than 500 substantial number of small entities, Medicaid; Aid to Families with employees, wholesale trade entities and a regulatory flexibility analysis is Dependent Children work programs; with fewer than 100 employees, retail not required. Child Nutrition; Food Stamps; Social and service businesses with less than $5 Services Block Grants; Vocational Energy Supply, Distribution, or Use— million in annual sales, general and Rehabilitation State Grants; Foster Care, Executive Order 13211 heavy construction businesses with less Adoption Assistance, and Independent than $27.5 million in annual business, Executive Order 13211 (Actions Living; Family Support Welfare special trade contractors doing less than Concerning Regulations That Services; and Child Support $11.5 million in annual business, and Significantly Affect Energy Supply, Enforcement. ‘‘Federal private sector agricultural businesses with annual Distribution, or Use) requires agencies mandate’’ includes a regulation that sales less than $750,000. To determine to prepare Statements of Energy Effects ‘‘would impose an enforceable duty if potential economic impacts on these when undertaking certain actions. OMB upon the private sector, except (i) a small entities are significant, we has provided guidance for condition of Federal assistance or (ii) a consider the types of activities that implementing this Executive Order that duty arising from participation in a might trigger regulatory impacts under outlines nine outcomes that may voluntary Federal program.’’ this rule, as well as the types of project constitute ‘‘a significant adverse effect’’ The designation of critical habitat modifications that may result. In when compared to not taking the does not impose a legally binding duty general, the term ‘‘significant economic regulatory action under consideration. on non-Federal Government entities or impact’’ is meant to apply to a typical The economic analysis finds that private parties. Under the Act, the only small business firm’s business none of these criteria is relevant to this regulatory effect is that Federal agencies operations. analysis. Thus, based on information in must ensure that their actions do not The Service’s current understanding the economic analysis, energy-related destroy or adversely modify critical of the requirements under the RFA, as impacts associated with Salt Creek tiger habitat under section 7. While non- amended, and following recent court beetle conservation activities within Federal entities that receive Federal decisions, is that Federal agencies are critical habitat are not expected. As funding, assistance, or permits, or that only required to evaluate the potential such, the designation of critical habitat otherwise require approval or incremental impacts of rulemaking on is not expected to significantly affect authorization from a Federal agency for those entities directly regulated by the energy supplies, distribution, or use. an action, may be indirectly impacted rulemaking itself, and therefore, not Therefore, this action is not a significant by the designation of critical habitat, the required to evaluate the potential energy action, and no Statement of legally binding duty to avoid impacts to indirectly regulated entities. Energy Effects is required. destruction or adverse modification of The regulatory mechanism through Unfunded Mandates Reform Act critical habitat rests squarely on the which critical habitat protections are (2 U.S.C. 1501 et seq.) Federal agency. Furthermore, to the realized is section 7 of the Act, which extent that non-Federal entities are requires Federal agencies, in In accordance with the Unfunded indirectly impacted because they consultation with the Service, to ensure Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate that any action authorized, funded, or seq.), we make the following findings: in a voluntary Federal aid program, the carried by the agency is not likely to (1) This rule will not produce a Unfunded Mandates Reform Act would destroy or adversely modify critical Federal mandate. In general, a Federal not apply, nor would critical habitat habitat. Therefore, under section 7 only mandate is a provision in legislation, shift the costs of the large entitlement Federal action agencies are directly statute, or regulation that would impose programs listed above onto State subject to the specific regulatory an enforceable duty upon State, local, or governments. requirement (avoiding destruction and tribal governments, or the private sector, (2) We do not believe that this rule adverse modification) imposed by and includes both ‘‘Federal will significantly or uniquely affect critical habitat designation. intergovernmental mandates’’ and small governments because most of the Consequently, it is our position that ‘‘Federal private sector mandates.’’ lands within the designated critical only Federal action agencies will be These terms are defined in 2 U.S.C. habitat do not occur within the directly regulated by this designation. 658(5)–(7). ‘‘Federal intergovernmental jurisdiction of small governments. This There is no requirement under RFA to mandate’’ includes a regulation that rule will not produce a Federal mandate evaluate the potential impacts to entities ‘‘would impose an enforceable duty of $100 million or greater in any year. not directly regulated. Moreover, upon State, local, or tribal governments’’ Therefore, it is not a ‘‘significant Federal agencies are not small entities. with two exceptions. It excludes ‘‘a regulatory action’’ under the Unfunded Therefore, because no small entities are condition of Federal assistance.’’ It also Mandates Reform Act. The designation directly regulated by this rulemaking, excludes ‘‘a duty arising from of critical habitat imposes no obligations the Service certifies that this final participation in a voluntary Federal on State or local governments. critical habitat designation will not have program,’’ unless the regulation ‘‘relates Consequently, we do not believe that a significant economic impact on a to a then-existing Federal program the critical habitat designation would substantial number of small entities. under which $500,000,000 or more is significantly or uniquely affect small During the development of this final provided annually to State, local, and government entities. As such, a Small rule we reviewed and evaluated all tribal governments under entitlement Government Agency Plan is not information submitted during the authority,’’ if the provision would required. comment period that may pertain to our ‘‘increase the stringency of conditions of consideration of the probable assistance’’ or ‘‘place caps upon, or Takings—Executive Order 12630 incremental economic impacts of this otherwise decrease, the Federal In accordance with Executive Order critical habitat designation. Based on Government’s responsibility to provide 12630 (‘‘Government Actions and this information, we affirm our funding,’’ and the State, local, or tribal Interference with Constitutionally certification that this final critical governments ‘‘lack authority’’ to adjust Protected Private Property rights’’), we habitat designation will not have a accordingly. At the time of enactment, have analyzed the potential takings significant economic impact on a these entitlement programs were: implications of designating critical

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habitat for the Salt Creek tiger beetle in critical habitat rests squarely on the case of the Salt Creek tiger beetle, we a takings implications assessment. Federal agency. prepared an environmental assessment Based on the best available information, for our 2010 final rule designating Civil Justice Reform—Executive Order the takings implications assessment critical habitat for the subspecies, and 12988 concludes that this designation of made a finding of no significant critical habitat for the Salt Creek tiger In accordance with Executive Order impacts. Although the State of Nebraska beetle does not pose significant takings 12988 (Civil Justice Reform), the Office is not part of the Tenth Circuit, and, implications. of the Solicitor has determined that the therefore, NEPA analysis is not rule does not unduly burden the judicial required, we undertook a NEPA analysis Federalism—Executive Order 13132 system and that it meets the applicable in this case since we conducted one In accordance with E.O. 13132 standards set forth in sections 3(a) and previously for our 2010 final rule. (Federalism), this rule does not have 3(b)(2) of the Order. We are designating We performed the NEPA analysis, and significant Federalism effects. A critical habitat in accordance with the a draft of the environmental assessment federalism summary impact statement is provisions of the Act. To assist the was made available for public comment not required. In keeping with public in understanding the habitat on March 13, 2014 (79 FR 14206). The Department of the Interior and needs of the subspecies, the rule final environmental assessment has Department of Commerce policy, we identifies the elements of physical or been completed and is available for requested information from, and biological features essential to the review with the publication of this final coordinated development of this critical conservation of the Salt Creek tiger rule. Our environmental assessment habitat designation with, appropriate beetle. The designated areas of critical showed that there would be beneficial State resource agencies in Nebraska. We habitat are presented on a map, and the impacts for the Salt Creek tiger beetle received comments from the Nebraska rule provides several options for the through habitat redundancy and focused Game and Parks Commission and the interested public to obtain more conservation activities as well as Nebraska Department of Roads and have detailed location information, if desired. increased awareness about critical addressed them in the Summary of Paperwork Reduction Act of 1995 habitat. Conservation actions that Comments and Recommendations (44 U.S.C. 3501 et seq.) benefit the Salt Creek tiger beetle would section of the rule. From a federalism also benefit many other species of fish, perspective, the designation of critical This rule does not contain any new wildlife, and plants found along Rock, habitat directly affects only the collections of information that require Little Salt, Oak, and Haines Branch responsibilities of Federal agencies. The approval by OMB under the Paperwork creeks. As such, we concluded that the Act imposes no other duties with Reduction Act of 1995 (44 U.S.C. 3501 designation of critical habitat for the respect to critical habitat, either for et seq.). This rule will not impose Salt Creek tiger beetle does not States and local governments, or for recordkeeping or reporting requirements constitute a major Federal action anyone else. As a result, the rule does on State or local governments, significant affecting the quality of the not have substantial direct effects either individuals, businesses, or human and natural environment. on the States, or on the relationship organizations. An agency may not Accordingly, on May 1, 2014, we issued between the national government and conduct or sponsor, and a person is not a finding of no significant impact for our the States, or on the distribution of required to respond to, a collection of final designation of critical habitat for powers and responsibilities among the information unless it displays a the Salt Creek tiger beetle. various levels of government. The currently valid OMB control number. You may obtain a copy of the final designation may have some benefit to National Environmental Policy Act environmental assessment and finding these governments because the areas (42 U.S.C. 4321 et seq.) of no significant impact online at that contain the features essential to the http://www.regulations.gov, by mail conservation of the subspecies are more It is our position that, outside the from the Nebraska Ecological Services clearly defined, and the physical and jurisdiction of the U.S. Court of Appeals Field Office (see ADDRESSES), or by biological features of the habitat for the Tenth Circuit, we do not need to visiting our Web site at http:// necessary to the conservation of the prepare environmental analyses www.fws.gov/mountain-prairie/species/ subspecies are specifically identified. pursuant to the National Environmental invertebrates/saltcreektiger/. This information does not alter where Policy Act (NEPA; 42 U.S.C. 4321 et Government-to-Government and what federally sponsored activities seq.) in connection with designating Relationship With Tribes may occur. However, it may assist these critical habitat under the Act. We local governments in long-range published a notice outlining our reasons In accordance with the President’s planning (because these local for this determination in the Federal memorandum of April 29, 1994 governments no longer have to wait for Register on October 25, 1983 (48 FR (Government-to-Government Relations case-by-case section 7 consultations to 49244). This position was upheld by the with Native American Tribal occur). U.S. Court of Appeals for the Ninth Governments; 59 FR 22951), Executive Where State and local governments Circuit (Douglas County v. Babbitt, 48 Order 13175 (Consultation and require approval or authorization from a F.3d 1495 (9th Cir. 1995), cert. denied Coordination With Indian Tribal Federal agency for actions that may 516 U.S. 1042 (1996)). However, when Governments), and the Department of affect critical habitat, consultation the range of the species includes States the Interior’s manual at 512 DM 2, we under section 7(a)(2) would be required. within the Tenth Circuit, under the readily acknowledge our responsibility While non-Federal entities that receive Tenth Circuit ruling in Catron County to communicate meaningfully with Federal funding, assistance, or permits, Board of Commissioners v. U.S. Fish recognized Federal Tribes on a or that otherwise require approval or and Wildlife Service, 75 F.3d 1429 (10th government-to-government basis. In authorization from a Federal agency for Cir. 1996), we undertake a NEPA accordance with Secretarial Order 3206 an action, may be indirectly impacted analysis for critical habitat designation of June 5, 1997 (American Indian Tribal by the designation of critical habitat, the and notify the public of the availability Rights, Federal-Tribal Trust legally binding duty to avoid of the draft environmental assessment Responsibilities, and the Endangered destruction or adverse modification of for a proposal when it is finished. In the Species Act), we readily acknowledge

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our responsibilities to work directly PART 17—[AMENDED] ‘‘Saltillo’’ is the other soil series that has with tribes in developing programs for adequate soil moisture and salinity and healthy ecosystems, to acknowledge that ■ 1. The authority citation for part 17 can also provide suitable habitat. continues to read as follows: tribal lands are not subject to the same (ii) Vegetated wetlands adjacent to controls as Federal public lands, to Authority: 16 U.S.C. 1361–1407; 1531– core habitats that provide shade for remain sensitive to Indian culture, and 1544; 4201–4245, unless otherwise noted. subspecies thermoregulation, support a to make information available to tribes. ■ 2. In § 17.95, amend paragraph (i) by source of prey for adults and larval We determined that there are no tribal revising the entry for ‘‘Salt Creek Tiger forms of Salt Creek tiger beetles, and lands occupied by the Salt Creek tiger Beetle (Cicindela nevadica protect core habitats. beetle at the time of listing that contain lincolniana)’’ to read as follows: the physical or biological features (3) Critical habitat does not include essential to conservation of the § 17.95 Critical habitat—fish and wildlife. manmade structures (such as buildings, subspecies, and no tribal lands * * * * * aqueducts, runways, roads, and other unoccupied by the Salt Creek tiger (i) Insects. paved areas) and the land on which they beetle that are essential for the * * * * * are located existing within the legal conservation of the subspecies. boundaries on June 5, 2014. Salt Creek Tiger Beetle (Cicindela (4) Critical habitat map units. Data References Cited nevadica lincolniana) layers defining map units were created A complete list of all references cited (1) Critical habitat units are depicted using National Wetlands Inventory is available on the Internet at http:// for Lancaster and Saunders Counties, polygons, habitat categorization classes, www.regulations.gov and upon request Nebraska, on the maps below. and an image object analysis. The maps from the Nebraska Ecological Services (2) Within these areas, the primary in this entry, as modified by any Field Office (see FOR FURTHER constituent elements of the physical or accompanying regulatory text, establish INFORMATION CONTACT). biological features essential to the the boundaries of the critical habitat conservation of the Salt Creek tiger Authors designation. The coordinates or plot beetle consist of saline barrens and points or both on which each map is The primary authors of this seeps found within saline wetland based are available to the public at the rulemaking are the staff members of the habitat in Little Salt, Rock, Oak and Service’s Internet site at http:// Haines Branch Creeks. For our Nebraska Ecological Services Field www.fws.gov/mountain-prairie/species/ evaluation, we determined that two Office. invertebrates/saltcreektiger/, at http:// habitat types within suitable wetlands www.regulations.gov at Docket No. List of Subjects in 50 CFR Part 17 are required by the Salt Creek tiger FWS–R6–ES–2013–0068, and at the Endangered and threatened species, beetle: field office responsible for this Exports, Imports, Reporting and (i) Exposed mudflats associated with designation. You may obtain field office recordkeeping requirements, saline wetlands or the exposed banks location information by contacting one Transportation. and islands of streams and seeps that contain adequate soil moisture and soil of the Service regional offices, the Regulation Promulgation salinity are essential core habitats. addresses of which are listed at 50 CFR Accordingly, we amend part 17, These habitats support egg-laying and 2.2. subchapter B of chapter I, title 50 of the foraging requirements. The ‘‘Salmo’’ soil (5) Map showing critical habitat units Code of Federal Regulations, as set forth series is the only soil type that currently for the Salt Creek tiger beetle follows: below: supports occupied habitat; however, BILLING CODE 4310–55–P

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* * * * * Dated: April 25, 2014. Michael Bean, Acting Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2014–10051 Filed 5–5–14; 8:45 am] BILLING CODE 4310–55–C

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