[Federal Register Volume 65, Number 139 (Wednesday, July 19, 2000)]
[Proposed Rules]
[Pages 44717-44753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18279]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AG24


Endangered and Threatened Wildlife and Plants; Proposed 
Designation of Critical Habitat for the Plant Lesquerella thamnophila 
(Zapata Bladderpod)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; availability of supplementary information.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose 
designation of critical habitat pursuant to the Endangered Species Act 
of 1973, as amended (Act), for the plant Lesquerella thamnophila 
(Rollins & Shaw) (Zapata bladderpod). Proposed critical habitat 
includes approximately 2,157 hectares (ha) (5,330 acres(ac)) of the 
Lower Rio Grande Valley National Wildlife Refuge property in Starr 
County, Texas, a 402 meter (m) (0.25 mile (mi)) length of highway 
right-of-way at each of two sites located along Highway 83, in Zapata 
County, Texas, and a 0.55 ha (1.36 ac) site on private land in Starr 
County, Texas. If this proposal is made final, section 7 of the Act 
would prohibit destruction or adverse modification of the critical 
habitat by any activity funded, authorized, or carried out by any 
Federal agency. Section 4 of the Act requires us to consider economic 
and other relevant impacts of specifying any particular area as 
critical habitat. We are preparing an economic analysis of this action 
and will announce its availability for public review and comment at a 
later date. In addition, we are preparing an Environmental Assessment 
of this action pursuant to the National Environmental Policy Act. The 
draft Environmental Assessment may be obtained for review and comment 
by contacting us (see ADDRESSES). We solicit data and comments from the 
public on all aspects of this proposal, including data on the economic 
and other impacts of the designation. We may revise this proposal to 
incorporate or address new information received during the comment 
period.

DATES: We will accept comments until September 18, 2000. We will hold a 
public meeting and hearing in Rio Grande City on August 24, 2000, 
regarding this proposal. We will hold the meeting from 5:00 p.m. to 
7:00 p.m., and, immediately following the meeting, we will hold the 
hearing from 7:00 p.m. to 9:00 p.m.

ADDRESSES: Send comments and materials to: Field Supervisor, U.S. Fish 
and Wildlife Service, Ecological Services Field Office, c/o Texas A&M 
University-Corpus Christi, Campus Box 338, 6300 Ocean Drive, Corpus 
Christi, TX 78412. We will make comments and materials received 
available for public inspection, by appointment, during normal business 
hours at the above address. We will hold the public meeting and public 
hearing at the Rio Grande City Activity Center, Fort Ringgold Highway 
(Highway 83), Rio Grande City, Texas.

FOR FURTHER INFORMATION CONTACT: Loretta Pressly, Corpus Christi 
Ecological Services Field Office, at the address above (Telephone 361/
994-9005; facsimile 361/994-8262).

SUPPLEMENTARY INFORMATION:

Background

    Lesquerella thamnophila is a pubescent (covered with short hairs), 
somewhat silvery-green herbaceous perennial plant, with sprawling stems 
43-85 centimeters (cm) (17-34 inches (in)) long. The plant exhibits a 
taproot system demonstrating a perennial life habit. It possesses 
narrow basal leaves 4-12 cm (1.5-4.8 in) long, and 7-15 millimeters 
(mm) (0.3-0.6 in) wide, with entire (undivided) to wavy or slightly 
toothed margins. Stem leaves are 3-4 cm (1-1.5 in) long and 2-8 mm 
(0.1-0.3 in) wide, with margins similar to basal leaves. The bright 
yellow-petaled flowers are bunched loosely on a single stem. The 
flowers appear at different seasons of the year depending upon timing 
of rainfall, with the lower flowers maturing first. Fruits are round, 
4.5-6.5 mm (0.2-0.8 in) in diameter, and located on short, downward 
curving pedicels (slender stalks) (Poole 1989). Little is known of the 
population genetics, structure, or dynamics of the species.
    Lesquerella thamnophila, a member of the Brassicaceae (Cruciferae-
Mustard) Family, was first collected in Zapata County, Texas, by R. C. 
Rollins in 1959. The species was named Lesquerella thamnophila in 1973 
by R. C. Rollins and E. A. Shaw in their review of the genus 
Lesquerella (Rollins and Shaw 1973). The few collected specimens of 
Lesquerella thamnophila have all come from Starr and Zapata Counties in 
Southern Texas, except for one specimen that has been identified from 
Tamaulipas, Mexico.

Habitat Characteristics

    All known populations of Lesquerella thamnophila in the United 
States occur in Starr and Zapata Counties, Texas, within approximately 
3.22 kilometers (km) (2 mi) of the Rio Grande. These populations are 
found on upland sites that have not had previous soil disruption and 
are relatively free of nonnative species. Soil types sites suggest that 
the species is not closely tied to a specific soil texture; but the 
soil textures ranges from clay (Catarina soils) to fine sandy loam 
(Copita soils). Many of the known populations occur on soils with 
moderate alkalinity.
    Lesquerella thamnophila can occur on graveled to sandy-loam upland 
terraces above the Rio Grande floodplain. The known populations are 
associated with

[[Page 44718]]

three Eocene-age geologic formations, Jackson, Laredo, and Yegua, which 
have yielded fossiliferous (containing fossils) and highly calcareous 
(composed of calcium carbonate) sandstones and clays.
    Known Starr County populations occur within the Jimenez-Quemado 
soil association and on Catarina series soils. Jimenez-Quemado soils 
are well-drained, shallow, and gravelly to sandy loam underlain by 
caliche (a hard soil layer cemented by calcium carbonate). This soil 
association is broad, dissected, and irregularly shaped, and occurs on 
huge terraces 6-15 m (20-50 feet (ft)) above the floodplains of the Rio 
Grande. In most areas, the Jimenez soils occupy the slope breaks 
extending from the tops of ridges to the bottoms of the slopes, and in 
the narrow valleys between them. Quemado soils occur as narrow areas on 
ridge tops, where the slope ranges from 3 to 20 percent. Steep 
escarpments can be present with rocky outcrops adjacent to the river 
floodplain.
    The Catarina series consists of clayey, saline upland soils 
developed from calcareous, gypsiferous (containing gypsum), or saline 
clays; areas dominated by Catarina series soils usually contain many 
drainages and other erosional features. The underlying material 
contains calcareous concretions (rounded masses of mineral matter), 
gypsum crystals, and marine shell fragments (Thompson et al. 1972).
    Bladderpod populations in Zapata County occur within the Zapata-
Maverick soil association. Zapata soils are shallow, loamy or mixed, 
hyper-thermic (high temperature), well-drained, and nearly level with 
undulating slopes ranging from 0 to18 percent, primarily on uplands 
occurring over caliche. The upper portion of the soil horizon ranges 
from 5 to 25 cm (2 to 10 in) thick, with chert gravel and course 
fragments consisting of a few to 25 percent of angular caliche 2.5 to 
20 cm (1 to 8 in) long.
    Maverick soils consist of upland clayey soils occurring over 
caliche with underlying calcareous material containing shale and gypsum 
crystals (Thompson, et al. 1972). The upper zone consists of well-
drained, moderately deep soft shale bedrock, sloping 1 to 10 percent 
and forming clayey sediments. Ancient deposition of rock material from 
the Rio Grande can be found in portions of these soils, and rock and 
Indian artifact collecting has become a pastime for residents and 
visitors in the area.
    Lesquerella thamnophila grows opportunistically; that is, the 
density of Lesquerella thamnophila plants and the sizes of populations 
fluctuate in response to rainfall during the growing season. 
Populations can respond dramatically to rainfall events, going from 
barely detectable to a substantial assemblage of thousands of 
individuals.
    Lesquerella thamnophila occurs as an herbaceous component of an 
open Leucophyllum frutescens (cenizo) shrub community that grades into 
an Acacia rigidula (blackbrush) shrub community. Both plant communities 
dominate upland habitats on shallow soils near the Rio Grande (Diamond 
1990). These shrublands are sparsely vegetated due to the shallow, 
fast-draining, highly erosional soils and semi-arid climate (Poole 
1989). Other related plant species in the cenizo and blackbrush 
communities include Acacia berlandieri (guajillo), Prosopis sp. 
(mesquite), Celtis pallida (granjeno), Yucca treculeana (Spanish 
dagger), Zizyphus obtusifolia (lotebush), and Guaiacum angustifolium 
(guayacan).
    The coverage of an aggressively invasive, nonnative grass, Cenchrus 
ciliaria (buffelgrass), is extensive at three of the four extant sites 
(see below) and present at the fourth. Dichanthium annulatum (Kleberg 
bluestem grass), which is used for erosion control on roadways, has 
also begun to invade natural areas and is present at all four 
Lesquerella thamnophila sites, although not as extensively as 
buffelgrass.
    Biologists have located a total of 10 populations of Lesquerella 
thamnophila, including the type locality (the area from which the 
specimens that were used to first describe the species were taken) 
discovered by Rollins and Correll in Zapata County in 1959. Of the 10 
total populations found, 4 sites either are known to still support or 
have recently supported live plants, including one on private land in 
Starr County, one on Service refuge property in Starr County, one on 
the Highway 83 right-of-way (ROW) near the Tigre Chiquito Bridge in 
Zapata County, and a fourth site discovered in March 2000 on a bluff on 
private land.
    The site located on refuge property supports the largest known 
population. Biologists confirmed, through multiple site visits 
performed since 1994, that the plant's vegetational growth is highly 
dependent upon rainfall. The Texas Parks and Wildlife Department (TPWD) 
discovered this site initially, finding approximately 50 plants. During 
subsequent surveys, TPWD and Service personnel found 131 plants in 1996 
and up to 8,000 plants in 1997. Few individuals were found in 1998 when 
drought conditions were severe. In June of 1999, after 4-6 inches of 
rain fell in the area, we observed a large number of plants flowering 
and producing fruit. In March of 2000, we found numerous rosettes, but 
few plants reproducing.
    Plants have not been observed on the Highway 83 ROW site near the 
Tigre Chiquito bridge since 1998. Although this site may still support 
the plant, drought conditions have prevented above-ground vegetative 
growth, making observation impossible. This site also has been invaded 
by buffelgrass. The Texas Department of Transportation (TxDOT) and TPWD 
had developed a management agreement to protect the site by excluding 
mowing practices, but, due to the almost complete coverage of 
buffelgrass at the site, management plans at the area may have to be 
modified.
    One population in a subdivision near Falcon Lake supported up to 
1,000 plants in the past. When this site was visited in 1999, only one 
plant was found. Extensive housing construction, invasion of 
buffelgrass, and continued soil erosion from land disturbance may have 
completely eliminated this population.
    Three other populations are believed extirpated, including the type 
locality in Zapata County. The remaining two populations have not been 
re-verified due to inaccessibility on private land. While the extent of 
occupied habitat can be estimated, access to private land has curtailed 
survey efforts by various State and Federal biologists. The plant 
likely occurs in other areas within its historical range in Texas, and 
recent reports provide reliable evidence of the plant in the State of 
Tamaulipas, Mexico.

Previous Federal Action

    Federal action involving this species began with section 12 of the 
Act (16 U.S.C. 1531 et seq.), which directed the Secretary of the 
Smithsonian Institution to prepare a report on plants considered to be 
endangered, threatened, or extinct. The Smithsonian Institution 
presented the report, designated as House Document No. 94-51, to 
Congress on January 9, 1975. On July 1, 1975, we published a notice in 
the Federal Register (40 FR 27823) accepting the Smithsonian report as 
a petition to list the species within the context of section 4(c)(2) of 
the Act, now section 4(b)(3)(A), and announcing that we would initiate 
a review of the status of those plants. Lesquerella thamnophila was 
included as threatened in the Smithsonian report and in our notice.
    On June 16, 1976 (41 FR 24523), we published a proposed rule to 
list approximately 1,700 species of vascular plants as endangered. 
Lesquerella thamnophila was included in this

[[Page 44719]]

proposal. However, the 1978 amendments to the Act required the 
withdrawal of all proposals over 2 years old (although a 1-year grace 
period was allowed for those proposals already over 2 years old). On 
December 10, 1979 (44 FR 70796), we published a notice withdrawing that 
portion of the June 16, 1976, proposal that had not been made final, 
which included Lesquerella thamnophila.
    On December 15, 1980 (45 FR 82823), we published a list of plants 
under review for listing as threatened or endangered, which included 
Lesquerella thamnophila as a category 2 candidate. ``Category 2 
candidates'' were those species for which available information 
indicated listing as threatened or endangered may have been 
appropriate, but for which substantial data were not available to 
support preparation of a proposed rule.
    Section 4(b)(3)(B) of the Act requires that we make findings on 
petitions within 12 months of their receipt. Section 2(b)(1) of the 
1982 amendments to the Act required that all petitions pending as of 
October 13, 1982, be treated as having been submitted on that date. The 
1975 Smithsonian report was again accepted as a petition, and all the 
plants noted within the report, including Lesquerella thamnophila, were 
treated as being newly petitioned on October 13, 1982. In each 
subsequent year from 1983 to 1993, we determined that listing 
Lesquerella thamnophila was warranted, but precluded by other listing 
actions of higher priority, and that we were still compiling additional 
data on vulnerability and threats.
    A status report on Lesquerella thamnophila was completed on August 
8, 1989 (Poole 1989). That report provided sufficient information on 
biological vulnerability and threats to warrant designating the species 
as a category 1 candidate and to support preparation of a proposed rule 
to list Lesquerella thamnophila as endangered. ``Category 1 
candidates'' were those species for which we had substantial 
information indicating that listing under the Act was warranted.
    Notices revising the 1980 list of plants under review for listing 
as endangered or threatened were published in the Federal Register on 
September 27, 1985 (50 FR 39626), February 21, 1990 (55 FR 6184), and 
September 30, 1993 (58 FR 51171). Lesquerella thamnophila was included 
in the September 30, 1993, notice as a category 1 candidate.
    Upon publication of the February 28, 1996, Notice of Review (61 FR 
7605), we ceased using category designations for candidate species and 
included Lesquerella thamnophila simply as a candidate species. 
Candidate species are those species for which we have on file 
sufficient information on biological vulnerability and threats to 
support proposals to list them as threatened or endangered. We retained 
Lesquerella thamnophila as a candidate species in the September 19, 
1997, Review of Plant and Animal Taxa (62 FR 49398).
    On January 22, 1998, we published a proposed rule to list 
Lesquerella thamnophila as endangered, without critical habitat (63 FR 
3301). We invited the public and State and Federal agencies to comment 
on the proposed listing.
    Section 4(a)(3) of the Act requires that, to the maximum extent 
prudent and determinable, we designate critical habitat at the time we 
determine a species to be endangered or threatened. Regulations at 50 
CFR 424.12 state that critical habitat designation is not prudent when 
one or both of the following situations exist:
    (i) The species is threatened by taking or other human activity, 
and identification of critical habitat can be expected to increase the 
degree of such threat to the species, or
    (ii) Such designation of critical habitat would not be beneficial 
to the species.
    In the proposed rule we indicated that designation of critical 
habitat was not prudent for Lesquerella thamnophila because of a 
concern that publication of precise maps and descriptions of critical 
habitat in the Federal Register could increase the vulnerability of 
this species to incidents of collection and vandalism. We also 
indicated that designation of critical habitat was not prudent because 
we believed it would not provide any additional benefit beyond that 
provided through listing as endangered. However, after consideration of 
recent court decisions overturning ``not prudent'' determinations for 
other species (see discussion below), we reconsidered the issue. We 
published a final rule listing Lesquerella thamnophila as endangered on 
November 22, 1999, (64 FR 63745), and stated that, based on limited 
funding for our listing program, we would defer critical habitat 
designation until other higher-priority listing actions were completed.
    Subsequent to the final rule listing the species as endangered, the 
Southwest Center for Biological Diversity filed suit to compel us to 
designate critical habitat for several species, including Lesquerella 
thamnophila (Southwest Center for Biological Diversity et al. v. 
Babbitt Civil No. 99-D-1118). We entered into settlement negotiations 
with the plaintiff and agreed to propose critical habitat by July 14, 
2000, with a final determination to be made no later than December 15, 
2000.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) The 
specific areas within the geographic area occupied by a species, at the 
time it is listed in accordance with the Act, on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) that may require special management considerations 
or protection; and (ii) specific areas outside the geographic area 
occupied by a species at the time it is listed, upon determination that 
such areas are essential for the conservation of the species. 
``Conservation'' means the use of all methods and procedures that are 
necessary to bring an endangered species or a threatened species to the 
point at which listing under Act is no longer necessary.
    Section 4(b)(2) of the Act requires that we base critical habitat 
designations upon the best scientific and commercial data available, 
taking into consideration the economic impact, and any other relevant 
impact, of specifying any particular area as critical habitat. We may 
exclude areas from critical habitat designation when the benefits of 
exclusion outweigh the benefits of including the areas within critical 
habitat, provided the exclusion will not result in the extinction of 
the species.
    Designation of critical habitat can help focus conservation 
activities for a listed species by identifying areas, both occupied and 
unoccupied, that contain or could develop the physical and biological 
features that are essential for the conservation of a listed species. 
Designation of critical habitat alerts the public as well as land-
managing agencies to the importance of these areas.
    Critical habitat also identifies areas that may require special 
management considerations or protection, and may provide additional 
protection to areas where significant threats to the habitat have been 
identified. Critical habitat receives protection from the prohibition 
against destruction or adverse modification through required 
consultation under section 7 of the Act with regard to actions carried 
out, funded, or authorized by a Federal agency. Section 7 also requires 
conferences on Federal actions that are likely to result in the adverse 
modification or destruction of proposed critical habitat. Aside from 
the protection that may be provided under section 7, the Act does not 
provide other forms of protection to lands designated as critical 
habitat.

[[Page 44720]]

    Section 7(a)(2) of the Act prohibits Federal agencies from funding, 
authorizing, or carrying out actions likely to jeopardize the continued 
existence of a threatened or endangered species, or that are likely to 
destroy or adversely modify critical habitat. ``Jeopardize the 
continued existence'' (of a species) is defined as an appreciable 
reduction in the likelihood of survival and recovery of a listed 
species. ``Destruction or adverse modification'' (of critical habitat) 
occurs when a Federal action significantly reduces the value of 
critical habitat for the survival and recovery of the listed species 
for which critical habitat was designated. Thus, the definitions of 
``jeopardy'' to the species and ``adverse modification'' of critical 
habitat are similar.
    Designating critical habitat does not, in itself, lead to recovery 
of a listed species. Designation does not create a management plan, 
establish numerical population goals or prescribe specific management 
actions (inside or outside of critical habitat). Specific management 
recommendations for critical habitat are most appropriately addressed 
in recovery plans and management plans, and through section 7 
consultations.
    Critical habitat identifies specific areas that have the features 
that are essential to the conservation of a listed species and that may 
require special management considerations or protection. Unoccupied 
areas that we determine are essential to the conservation of the 
species may also be designated as critical habitat.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, in determining which areas to propose as critical 
habitat, we are required to consider those physical and biological 
features (primary constituent elements) that are essential to the 
conservation of the species and that may require special management 
considerations or protection. These include, but are not limited to, 
the following:
    (1) Space for individual and population growth, and for normal 
behavior;
    (2) Food, water, air, light, minerals, or other nutritional or 
physiological requirements;
    (3) Cover or shelter;
    (4) Sites for breeding, reproduction, germination, or seed 
dispersal; and
    (5) Habitats that are protected from disturbance or are 
representative of the historic geographical and ecological 
distributions of a species.
    The primary constituent elements of critical habitat for 
Lesquerella thamnophila are:
    (1) Arid upland habitats of various soil types, including highly 
calcareous sandy loam to loamy sand, with low to moderate salinity 
levels on low, sloping hills;
    (2) Absence of substantial previous soil disturbance and seeding or 
sodding of exotic grasses; and
    (3) A sparse overstory of shrub species typical of the Tamaulipian 
biotic province, but lacking a complete canopy as might be provided by 
a continuous overstory dominated by mesquite (Prosopis glandulosa).

Proposed Critical Habitat Designation

    We are proposing critical habitat to provide for the conservation 
of Lesquerella thamnophila within a large portion of its geographic 
range in the United States. One segment of the proposed critical 
habitat contains the largest known population of the species. Another 
proposed area is known to have had an extant population as recently as 
1998. The additional proposed segments contain the necessary primary 
constituent elements and are believed capable of supporting the 
species, although it has not been documented on these sites. These 
areas are within the historical range of the species, contain habitats 
that are protected from disturbance, support the ecological 
requirements of Lesquerella thamnophila, and are essential to the 
conservation of the species.
    Because of this species' precarious status, mere stabilization of 
Lesquerella thamnophila populations at their present levels will not 
achieve conservation. Maintenance and enhancement of the existing 
populations, plus reestablishment of populations in suitable areas 
within the historical range, are necessary for the species' survival 
and recovery. One of the most important conservation actions will be 
establishment of secure, self-reproducing populations in suitable 
habitats. Thus, we find that it is essential for the conservation of 
the species that critical habitat for Lesquerella thamnophila include 
both areas known to currently sustain the species and other areas where 
Lesquerella thamnophila is not currently present but support the 
primary constituent elements where additional populations can be 
established for the recovery of the species.
    We are proposing to not include one site, in a subdivision near 
Falcon Lake, which has undergone significant development in recent 
years and has been invaded by buffelgrass. This site does not contain 
and is unlikely to develop, the primary constituent elements that are 
essential to the conservation of the species. This population may have 
already been eliminated, and we have little hope that the site can 
contribute to the species' recovery. Therefore, this site is not 
essential to the conservation of Lesquerella thamnophila and thus, does 
not meet the definition of critical habitat.
    The proposed critical habitat areas described below constitute our 
best assessment at this time of the areas needed for the species' 
conservation. However, we seek additional information regarding the 
importance of areas proposed for critical habitat as well as 
identification of additional areas.
    We are proposing seven Lower Rio Grande National Wildlife Refuge 
tracts in Starr County for critical habitat designation, including the 
Cuellar, Chapeno, and Arroyo Morteros Tracts located south/southwest of 
the Falcon Heights subdivision; the Las Ruinas, Los Negros, and Arroyo 
Ramirez tracts located west and northwest of the City of Roma; and the 
La Puerta Tract located southeast of Rio Grande City. We are also 
proposing to designate one currently populated and one historically 
populated area (i.e. currently unoccupied) owned by the State of Texas 
along the Highway 83 ROW in Zapata County. One of these areas is 
located near the Siesta Shores subdivision on the east side of Highway 
83, and the other is located farther south, also on the east side of 
Highway 83, near the Tigre Chiquito bridge. Additionally, we are 
proposing to designate one of the known populations that occur on 
private land. This area, located on a high bluff, is less than 1.6 km 
(1.0 mi) northeast of the Rio Grande, and approximately 3.44 km (2.136 
mi) northeast of the town of Salineno.
    Table 1 shows land ownership for areas of critical habitat that are 
currently occupied and unoccupied.

[[Page 44721]]



                     Table 1.--Acres/Hectares of Proposed Occupied and Unoccupied Critical Habitat for Federal and State Properties.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  State        State       Federal      Federal      Private      Private
                                                                 occupied    unoccupied    occupied    unoccupied    occupied    unoccupied  Total acres/
                            County                                acres/       acres/       acres/       acres/       acres/       acres/      hectares
                                                                 hectares     hectares     hectares     hectares     hectares     hectares
--------------------------------------------------------------------------------------------------------------------------------------------------------
Starr........................................................      0.0/0.0      0.0/0.0    45.0/18.2     5,284.0/   1.36/0.552      0.0/0.0    5,330.36/
                                                                                                          2,138.0                               2,156.75
Zapata.......................................................    1.51/0.60    1.51/0.60      0.0/0.0      0.0/0.0      0.0/0.0      0.0/0.0     3.02/1.2
--------------------------------------------------------------------------------------------------------------------------------------------------------

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out do 
not destroy or adversely modify critical habitat to the extent that the 
action appreciably diminishes the value of the critical habitat for the 
survival and recovery of the species. Individuals, organizations, 
States, local governments, and other non-Federal entities are affected 
by the designation of critical habitat only if their actions occur on 
Federal lands, require a Federal permit, license, or other 
authorization, or involve Federal funding.
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as 
endangered or threatened and with respect to its critical habitat, if 
any is designated or proposed. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. In 50 CFR 402.02, ``jeopardize the continued existence'' (of 
a species) is defined as engaging in an activity likely to result in an 
appreciable reduction in the likelihood of survival and recovery of a 
listed species. ``Destruction or adverse modification'' (of critical 
habitat) is defined as a direct or indirect alteration that appreciably 
diminishes the value of critical habitat for the survival and recovery 
of the listed species for which critical habitat was designated. Thus, 
the definitions of ``jeopardy'' to the species and ``adverse 
modification'' of critical habitat are nearly identical.
    Section 7(a)(4) requires Federal agencies to confer with us on any 
action that is likely to jeopardize the continued existence of a 
proposed species or result in destruction or adverse modification of 
proposed critical habitat. Conference reports provide conservation 
recommendations to assist the agency in eliminating conflicts that may 
be caused by the proposed action. The conservation recommendations in a 
conference report are advisory.
    We may issue a formal conference report if requested by a Federal 
agency. Formal conference reports on proposed critical habitat contain 
a biological opinion that is prepared according to 50 CFR 402.14, as if 
critical habitat were designated. We may adopt the formal conference 
report as a biological opinion if the critical habitat is designated, 
if no significant new information or changes in the action alter the 
content of the opinion (see 50 CFR 402.10(d)).
    Under section 7(a)(2), if a Federal action may affect a listed 
species or its critical habitat, the responsible Federal agency must 
enter into consultation with us. Through this consultation, we would 
advise the agencies whether the permitted actions would likely 
jeopardize the continued existence of the species or adversely modify 
critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to result in jeopardy or the destruction or adverse modification 
of critical habitat, we also provide reasonable and prudent 
alternatives to the project, if any are identifiable. Reasonable and 
prudent alternatives are defined at 50 CFR 402.02 as alternative 
actions identified during consultation that can be implemented in a 
manner consistent with the intended purpose of the action, that are 
consistent with the scope of the Federal agency's legal authority and 
jurisdiction, that are economically and technologically feasible, and 
that the Director believes would avoid the likelihood of jeopardizing 
the continued existence of listed species or resulting in the 
destruction or adverse modification of critical habitat. Reasonable and 
prudent alternatives can vary from slight project modifications to 
extensive redesign or relocation of the project. Costs associated with 
implementing a reasonable and prudent alternative are similarly 
variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where critical 
habitat is subsequently designated and the Federal agency has retained 
discretionary involvement or control over the action or such 
discretionary involvement or control is authorized by law. 
Consequently, some Federal agencies may request reinitiation of 
consultation or conferencing with us on actions for which formal 
consultation has been completed, if those actions may affect designated 
critical habitat or adversely modify or destroy proposed critical 
habitat.
    Activities on Federal lands that may affect Lesquerella thamnophila 
or its critical habitat will require section 7 consultation. Activities 
on non-Federal lands requiring a permit or utilizing funding from a 
Federal agency, such as a permit from the U.S. Army Corps of Engineers 
under section 404 of the Clean Water Act or Federal funding of a 
highway project, would also be subject to the section 7 consultation 
process. Federal actions not affecting the species, as well as actions 
on non-Federal lands that are not federally funded or permitted, would 
not require section 7 consultation.
    Section 4(b)(8) of the Act requires us to describe in any proposed 
or final regulation that designates critical habitat those activities 
involving a Federal action that may destroy or adversely modify such 
habitat or that may be affected by such designation. Activities that 
may destroy or adversely modify critical habitat include those that 
alter the primary constituent elements to the extent that the value of 
critical habitat for both the survival and recovery of Lesquerella 
thamnophila is appreciably reduced. We note that such activities may 
also jeopardize the continued existence of the species when affecting 
areas currently occupied by the species. When determining whether any 
of these activities may adversely modify critical habitat, we base our 
analysis on the effects of the action on the entire critical habitat 
area and not just on the portion where the activity will occur. Adverse 
effects on constituent elements or segments of critical habitat 
generally do not result in an adverse modification determination unless 
that loss, when added to the environmental baseline, is likely to 
appreciably diminish the

[[Page 44722]]

capability of the critical habitat to satisfy essential requirements of 
the species. For Lesquerella thamnophila, activities that appreciably 
degrade or destroy native Tamaulipan thornscrub communities, such as 
road building, land clearing for oil or gas exploration and other 
purposes, soil disturbance for pasture improvement, livestock 
overgrazing, introducing or encouraging the spread of nonnative 
species, and heavy recreational use may destroy or adversely modify 
critical habitat.
    Critical habitat on the National Wildlife Refuge tracts could be 
affected directly by actions on the refuge, as well as indirectly by 
actions taken on surrounding lands. These actions include, but are not 
limited to, recreation management, road construction, granting of 
utility rights of way, and habitat restoration projects by the Fish and 
Wildlife Service; oil and gas exploration, extraction, and/or 
transportation permitted by Bureau of Land Management and the Federal 
Energy Regulatory Commission; road construction and brush clearing by 
the Immigration and Naturalization Service; and range improvement 
projects, including establishment of nonnative grasses, by the Natural 
Resource Conservation Service.
    On the TxDOT tracts, actions, when carried out, funded, or 
authorized by a Federal agency, that may destroy or adversely modify 
critical habitat include highway construction projects funded by the 
Federal Highway Administration.
    On the private land site, indirect as well as direct actions such 
as road construction and brush clearing by the Immigration and 
Naturalization Service, and range improvement projects, including 
establishment of nonnative grasses by the Natural Resource Conservation 
Service may adversely affect the population of Zapata bladderpod.
    If you have questions regarding whether specific activities will 
likely constitute adverse modification of critical habitat, contact the 
Field Supervisor, Ecological Services Field Office, in Corpus Christi, 
Texas (see ADDRESSES section). If you want copies of the regulations on 
listed wildlife or have inquiries about prohibitions and permits, 
contact the U.S. Fish and Wildlife Service, Branch of Endangered 
Species/Permits, P.O. Box 1306, Albuquerque, New Mexico 87103 
(telephone (505) 248-6920, facsimile (505) 248-6922).

Economic Analysis

    Section 4(b)(2) of the Act requires us to designate critical 
habitat on the basis of the best scientific and commercial information 
available and to consider the economic and other relevant impacts of 
designating a particular area as critical habitat. We may exclude areas 
from critical habitat upon a determination that the benefits of such 
exclusions outweigh the benefits of designating these areas as part of 
critical habitat. We cannot exclude areas from critical habitat if the 
exclusion would result in the extinction of the species concerned. We 
will conduct an analysis of the economic impacts of designating these 
areas as critical habitat prior to a final determination. The economic 
analysis will be available for public review and comment; when 
completed, we will announce its availability in the Federal Register 
and local newspapers, and we will open a 30-day comment period at that 
time.

American Indian Tribal Rights, Federal-Tribal Trust 
Responsibilities, and the Endangered Species Act

    In accordance with the Presidential Memorandum of April 29, 1994, 
we are required to assess the effects of critical habitat designation 
on tribal lands and tribal trust resources. No tribal lands are 
proposed for designation as critical habitat, and no effects on tribal 
trust resources are anticipated if this proposal is made final.

Public Comments Solicited

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, we solicit 
comments or suggestions from the public, the Republic of Mexico, other 
concerned governmental agencies, the scientific community, industry, or 
any other interested party concerning this proposed rule. We 
particularly seek comments concerning:
    (1) The reasons why any habitat should or should not be determined 
to be critical habitat as provided by section 4 of the Act, including 
whether the benefits of designating areas as critical habitat will 
outweigh the benefits of excluding those areas from the designation;
    (2) Specific information on the amount and distribution of 
Lesquerella thamnophila habitat, and what habitat is essential to the 
conservation of the species and why;
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (4) Any foreseeable economic or other impacts resulting from the 
proposed designation of critical habitat, in particular, any impacts on 
small entities or families; and
    (5) Economic and other values associated with designating critical 
habitat for Lesquerella thamnophila, such as those derived from non-
consumptive uses (e.g., hiking, camping, bird-watching, enhanced 
watershed protection, improved air quality, increased soil retention, 
``existence values,'' and reductions in administrative costs);
    Executive order 12866 requires each agency to write regulations and 
notices that are easy to understand. We invite your comments on how to 
make this document easier to understand, including answers to questions 
such as the following: (1) Are the requirements in the proposed rule 
clearly stated? (2) Does the proposed rule contain technical language 
or jargon that interferes with the clarity? (3) Does the format of the 
proposed rule (grouping and order of sections, use of headings, 
paragraphing, etc.) aid or reduce its clarity? (4) Is the description 
of the proposed rule in the SUPPLEMENTARY INFORMATION section of the 
preamble helpful in understanding the proposed rule? What else could we 
do to make the proposed rule easier to understand?
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking record, which we will honor to 
the extent allowable by law. In some circumstances, we would withhold 
from the rulemaking record a respondent's identity, as allowable by 
law. If you wish for us to withhold your name and/or address, you must 
state this request prominently at the beginning of your comments. 
However, we will not consider anonymous comments. We will make all 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.

Peer Review

    In accordance with our policy published in the Federal Register on 
July 1, 1994 (59 FR 34270), we will seek the expert opinions of at 
least three appropriate and independent specialists regarding this 
proposed rule. The purpose of this peer review is to ensure that 
listing decisions are based on scientifically sound data, assumptions, 
and analyses. We will send these peer reviewers copies of this proposed 
rule immediately following publication in the Federal Register. We will 
invite

[[Page 44723]]

them to comment, during the public comment period, on the specific 
assumptions and conclusions regarding the proposed designation of 
critical habitat.
    We will consider all comments and information received during the 
60-day comment period on this proposed rule during preparation of a 
final rulemaking. Accordingly, the final determination may differ from 
this proposal.

Public Hearings

    The Act provides for one or more public hearings on this proposal. 
We will hold a public meeting in the Rio Grande City Activities Center 
(see ADDRESSES) from 5 p.m. to 7 p.m. on August 24, 2000, to share 
information on this proposal and answer questions from interested 
persons. Immediately following the meeting, we will hold a public 
hearing from 7 p.m. to 9 p.m., to provide the public with the 
opportunity to provide formal testimony on this proposal.
    Written comments submitted during the comment period receive equal 
consideration with those comments presented at a public hearing.

Required Determinations

Regulatory Planning and Review

    In accordance with the criteria in Executive Order 12866, this rule 
is a significant regulatory action and has been reviewed by the Office 
of Management and Budget (OMB). We will prepare a draft economic 
analysis of this proposed action to determine the economic consequences 
of designating the specific areas as critical habitat. We will announce 
in the Federal Register the availability of the draft economic analysis 
for public review and comment.
    (a) We do not anticipate that this rule will have an annual 
economic effect of $100 million or more, or adversely affect an 
economic sector, productivity, jobs, the environment, or other units of 
government. We will conduct an analysis of the economic impact of this 
proposed designation prior to making a final determination. Under the 
Act, critical habitat may not be adversely modified by a Federal agency 
action; critical habitat does not impose any restrictions on non-
Federal persons unless they are conducting activities funded or 
otherwise sponsored or permitted by a Federal agency (see Table 2 
below). Section 7 requires Federal agencies to ensure that they do not 
jeopardize the continued existence of the species. Based upon our 
experience with the species and its needs, we believe that anyFederal 
action or federally authorized action that could potentially cause an 
adverse modification of the proposed critical habitat would currently 
be considered as ``jeopardy'' under the Act. Accordingly, the 
designation of currently occupied areas as critical habitat does not 
have any incremental impacts on what actions may or may not be 
conducted by Federal agencies or non-Federal persons who receive 
Federal authorization or funding. Non-Federal persons who do not have a 
Federal ``sponsorship'' of their actions are not restricted by the 
designation of critical habitat (however, they continue to be bound by 
the provisions of the Act concerning ``take'' of the species). 
Designation of unoccupied areas as critical habitat may have impacts on 
what actions may or may not be conducted by Federal agencies or non-
Federal persons who receive Federal authorization or funding. We will 
evaluate any impact through our economic analysis (under section 4 of 
the Act; see Economic Analysis section of this rule).
    (b) This rule will not create inconsistencies with other agencies' 
actions. Table 2 shows a comparison of the effects on Federal actions 
resulting from the species' listing versus those expected to result 
from critical habitat designation. For areas currently occupied by 
Lesquerella thamnophila, Federal agencies have already been required to 
consult with us through section 7 of the Act to ensure that their 
actions do not jeopardize the continued existence this species since it 
was listed. Designation of critical habitat in these areas will not 
change or add to this requirement. We will continue to review this 
proposed action for any inconsistencies with other Federal agency 
actions.
    (c) The proposed rule, if made final, will not materially affect 
entitlements, grants, user fees, loan programs, or the rights and 
obligations of their recipients. Federal agencies are currently 
required to ensure that their activities do not jeopardize the 
continued existence of the species, and we do not anticipate that the 
adverse modification prohibition (resulting from critical habitat 
designation) will have significant incremental effects.
    (d) This rule will not raise novel legal or policy issues.
    The proposed rule follows the requirements for determining critical 
habitat contained in the Endangered Species Act.

    Table 2.--Impacts of Designating Critical Habitat for Lesquerella
                               thamnophila
------------------------------------------------------------------------
                                                         Additional
                                   Activities            activities
  Categories of activities    potentially affected  potentially affected
                               by species listing    by critical habitat
                                    only \1\           designation \2\
------------------------------------------------------------------------
Federal Activities            Activities that       Same activities,
 Potentially Affected \3\.     remove or destroy     except for
                               occupied habitat      herbicide
                               whether by            application, which
                               mechanical,           appreciably degrade
                               chemical, or other    or destroy
                               means (e.g., soil     unoccupied critical
                               disturbance for       habitat.
                               purposes including
                               pasture
                               improvement, heavy
                               recreational use,
                               inappropriate
                               application of
                               herbicides, etc.);
                               sale, exchange, or
                               lease of Federal
                               land that contains
                               occupied habitat
                               that is likely to
                               result in the
                               habitat being
                               destroyed or
                               appreciably
                               degraded.

[[Page 44724]]

 
Private and other nonFederal  Activities that       Same activities,
 Activities Potentially        require a Federal     except herbicide
 Affected \4\.                 action (permit,       application, which
                               authorization, or     appreciably degrade
                               funding) and which:   or destroy
                               (1) Remove or         unoccupied critical
                               destroy occupied      habitat.
                               habitat, whether by
                               mechanical,
                               chemical, or other
                               means (e.g., road
                               building and other
                               construction
                               projects,
                               inappropriate
                               application of
                               herbicides, land
                               clearing for
                               purposes including
                               oil and gas
                               exploration, soil
                               disturbance for
                               purposes including
                               pasture
                               improvement,
                               significant
                               overgrazing, etc.);
                               or (2) appreciably
                               decrease habitat
                               value or quality
                               through indirect
                               effects (e.g.,
                               introducing or
                               encouraging the
                               spread of nonnative
                               species).
------------------------------------------------------------------------
\1\ This column represents the activities potentially affected by
  listing the Zapata bladderpod as an endangered species on November 22,
  1999, under the Endangered Species Act (64 F 63745).
\2\ This column represents the activities potentially affected by the
  critical habitat designation beyond the effects resulting from the
  species' listing.
\3\ Activities initiated by a Federal agency.
\4\ Activities initiated by a private or other non-Federal entity that
  may need Federal authorization or funding.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    In the economic analysis, (under section 4 of the Act), we will 
determine whether designation of critical habitat will have a 
significant economic effect on a substantial number of small entities. 
As discussed under Regulatory Planning and Review above, this rule is 
not expected to result in any significant restrictions in addition to 
those currently in existence.

Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))

    In the economic analysis, we will determine whether designation of 
critical habitat will cause (a) any effect on the economy of $100 
million or more, (b) any increases in costs or prices for consumers; 
individual industries; Federal, State, or local government agencies; or 
geographic regions, or (c) any significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    a. This rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required. No land is 
being designated that is under the jurisdiction of any small 
governments.
    b. This rule will not produce a Federal mandate on State, local, or 
tribal governments or the private sector of $100 million or greater in 
any year, i.e., it is not a ``significant regulatory action'' under the 
Unfunded Mandates Reform Act. The designation of critical habitat 
imposes no obligations on State or local governments.

Takings

    In accordance with Executive Order 12630, this rule does not have 
significant takings implications, and a takings implication assessment 
is not required. This proposed rule, if made final, will not ``take'' 
private property. The designation of critical habitat affects only 
Federal agency actions. The rule will not increase or decrease the 
current restrictions on private property concerning take of Lesquerella 
thamnophila. Additionally, critical habitat designation does not 
preclude development of habitat conservation plans and issuance of 
incidental take permits. Landowners in areas that are included in the 
designated critical habitat will continue to have opportunity to 
utilize their property in ways consistent with the survival of 
Lesquerella thamnophila.

Federalism

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required.
    In keeping with Department of the Interior policy, we requested 
information from and coordinated development of this critical habitat 
proposal with appropriate State resource agencies in Texas. We will 
continue to coordinate any future designation of critical habitat for 
Lesquerella thamnophila with the appropriate State agencies. The 
designation of critical habitat will impose few additional restrictions 
beyond those currently in place and, therefore, will have little 
incremental impact on State and local governments and their activities. 
The designation may have some benefit to these governments in that the 
areas essential to the conservation of the species are more clearly 
defined, and the primary constituent elements of the habitat necessary 
to the survival of the species are specifically identified.

Civil Justice Reform

    In accordance with Executive Order 12988, the Department of the 
Interior's Office of the Solicitor determined that this rule does not 
unduly burden the judicial system and meets the requirements of 
sections 3(a) and 3(b)(2) of the Order. The Office of the Solicitor 
will review the final determination for this proposal. We will make 
every effort to ensure that the final determination contains no 
drafting errors, provides clear standards, simplifies procedures, 
reduces burden, and is clearly written such that litigation risk is 
minimized.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any information collection requirements 
for which Office of Management and Budget approval under the Paperwork 
Reduction Act is required.

National Environmental Policy Act

    Our position is that, outside the U.S. Tenth Circuit, we do not 
need to prepare an environmental analysis as defined by the National 
Environmental Policy Act (NEPA) in connection with designating critical 
habitat. We published a notice outlining our reasons for this 
determination in the Federal Register on October 25, 1983 (48 FR 
49244). This assertion was upheld in the courts of the Ninth Circuit 
(Douglas County v. Babbitt, 48F.3d 1495 (Ninth Circuit Oregon 1995), 
cert. denied 116 S. Ct.698 (1996). However, when critical

[[Page 44725]]

habitat involves States within the Tenth Circuit, pursuant to the 
ruling in Catron County Board of Commissioners v. U.S. Fish and 
Wildlife Service,75 F.3d 1429 (10th Circuit 1996), we undertake a NEPA 
analysis for critical habitat designation. Although Lesquerella 
thamnophila does not occur in any 10th Circuit States, this designation 
is subject to 10th Circuit review because the case compelling the 
settlement agreement was filed in New Mexico. Thus, we are preparing an 
environmental assessment of this action. Send your request for copies 
of the draft environmental assessment for this proposal to the Field 
Supervisor, Corpus Christi Ecological Services Field Office (see 
ADDRESSES).

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2, we understand that Federally 
recognized Tribes must be related to on a Government-to-Government 
basis.
    We determined that no Tribal lands are essential for the 
conservation of Lesquerella thamnophila because no Tribal lands support 
populations of this plant or suitable habitat. Therefore, we are not 
proposing to designate critical habitat for Lesquerella thamnophila on 
Tribal lands.

References Cited

Diamond, D. 1990. Plant Communities of Texas (series level). Texas 
Parks and Wildlife Department. Austin, Texas.
Poole, J. 1989. Status Report on Lesquerella thamnophila. U.S. Fish 
and Wildlife Service, Albuquerque, New Mexico.
Rollins, R. C. and E. A. Shaw. 1973. The Genus Lesquerella. Harvard 
University Press, Cambridge, Massachusetts.
Thompson, C.M., R.R. Sanders, and D. Williams. 1972. Soil Survey of 
Starr County, Texas. U.S. Department of Agriculture. Soil 
Conservation Service, Temple, Texas.

Authors

    The authors of this notice are Loretta Pressly and Lee Elliott (see 
ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to amend 50 CFR part 17, subchapter B of 
chapter I, title 50 of the Code of Federal Regulations as set forth 
below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Amend Sec. 17.12(h), by revising the entry for ``Lesquerella 
thamnophila'' under ``FLOWERING PLANTS'' to read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Species
----------------------------------------------------  Historic  range        Family             Status       When  listed     Critical    Special  rules
        Scientific name              Common name                                                                              habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
         *                  *                  *                  *                  *                  *                  *
                 FLOWERING PLANTS
 
          *                  *                  *                  *                  *                  *                  *
Lesquerella thamnophila........  Zapata bladderpod.  U.S.A (TX),       Brassicaceae......  E                671                17.96(a)  N/A
                                                      Mexico.
 
          *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. Amend Sec. 17.96 by adding critical habitat for Lesquerella 
thamnophila, Zapata bladderpod, in alphabetical order by scientific 
name under Family Brassicaceae to read as follows:


Sec. 17.96  Critical habitat-plants.

    (a) Flowering plants.
* * * * *
    Family Brassicaceae * * * 
    Lesquerella thamnophila (Zapata bladderpod).
    1. Critical habitat units are depicted for Starr and Zapata
    Counties, Texas, on the maps below. Critical habitat includes
    National Wildlife Refuge tracts, highway right-of-way sites, and 
one site on private land.
    2. Within these areas, the primary constituent elements are:
    (1) Arid upland habitats of various soil types, including highly 
calcareous sandy loam to loamy sand, with low to moderate salinity 
levels on low, sloping hills;
    (2) Absence of substantial previous soil disturbance and seeding or 
sodding of exotic grasses; and
    (3) A sparse overstory of shrub species typical of the Tamaulipian 
biotic province, but lacking a complete canopy as might be provided by 
a continuous overstory dominated by mesquite (Prosopis glandulosa).
BILLING CODE 4310-55-P

[[Page 44726]]

Map 1. General Vicinity Map of South Texas 
[GRAPHIC] [TIFF OMITTED] TP19JY00.000


[[Page 44727]]



Map 2. General Locations of Critical Habitat Units 
[GRAPHIC] [TIFF OMITTED] TP19JY00.001

BILLING CODE 4310-55-C

[[Page 44728]]

    Critical Habitat on Lower Rio Grande Valley National Wildlife 
Refuge Tracts, Starr County, Texas (Area measurements are 
approximate.):
    Unit 1, Cuellar Tract (18 hectares (ha); 45 acres (ac))--(Segment 
669). Note: All bearings are based on the Texas State Plane Coordinate 
System, South Zone, as referenced by the National Geodetic Survey 
Triangulation Station ``LABRA'' (not found) having State plane 
coordinates of N=331,881.065, E=1,794,777.75. The scale factor used is 
0.9999252, and the theta angle is -00 deg.37'32". All areas and 
distances are true surface measurements. Beginning at a standard U.S. 
Fish and Wildlife Service (FWS) aluminum monument set for corner on the 
southeasterly line of Porcion No. 59 and the northeast corner of Share 
35 and stamped ``Tract 669, COR No. 1, R.P.L.S. #4303'' and having a 
State plane coordinate value of N=320,083.51, E=1,799,578.77, from 
which triangulation station ``LABRA'', bears N 22 deg. 08'38"W, 
12,737.98 feet; thence, in a southwesterly direction along the common 
line of Porcion 59 and 60, S 54 deg.32'24"W, 2,290.19 feet, to a 
standard FWS aluminum monument set for corner, being the common corner 
of Shares 35 and 26 and stamped ``Tract 669, COR No. 2, R.P.L.S. No. 
4303; thence, in a northwesterly direction along the common line of 
Share 35 with Shares 26 and 27, N 35 deg.27'36"W, 640.00 feet to a 
standard FWS aluminum monument set for corner, being the most southerly 
common corner of Shares 35 and 34 and stamped ``Tract 669, COR. No. 3, 
R.P.L.S. No. 4303''; thence, in a northeasterly direction along the 
common line of Shares 35 and 34; N 54 deg.32"24"E, 2,290.19 feet to a 
standard FWS aluminum monument set for corner, being the most northerly 
common corner of shares 35 and 34 and stamped ``Tract 669, COR No. 4, 
R.P.L.S. No. 4303; thence, in a southeasterly direction along the 
common line of Shares 35 and 36 Parcel-A; S 35 deg.27'36" E, 640.00 
feet to the point of beginning and containing 33.648 acres of land.
    (Cuellar Tract--Segment 672). Note: All bearings are based on the 
Texas State Plane Coordinate System, South Zone, as referenced by U.S. 
Fish and Wildlife Service GPS Monument No. 105 having State plane 
coordinates (NAD 27) of N=311,099.90, E=1,799,824.45. The scale factor 
used is 0.9999252, and the theta angle is -00 deg.37'32". All areas and 
distances are true surface measurements. Beginning at a standard FWS 
aluminum monument set for corner on the common line between Porcions 59 
and 60, and being the northeast corner of Share 26 and stamped ``Tract 
672, COR. No. 1, R.P.L.S. No. 3680'' and having a State plane 
coordinate value of N=318,737.64, E=1,797,725.36, from which FWS GPS 
Monument No. 105 bears S 15 deg.22'02"E, 7,920.94 feet; thence, in a 
southeasterly direction along the common line of Porcion 59 and 60, S 
54 deg.27prime 12"W, 806.50 feet to a standard FWS aluminum monument 
set for corner, being the southeast corner of said north one-half (\1/
2\) of Share 26, same being the northeast corner of the south one-half 
(\1/2\) of Share 26 and stamped ``Tract 672, COR. No. 2, R.P.L.S. No. 
3680''; thence, in a northwesterly direction along the common line of 
said north and south one-half (\1/2\) of Share 26; N 35 deg.27"36"W, 
463.31 feet to a standard FWS aluminum monument set for corner in the 
common line between Shares 26 and 27 and stamped ``Tract 672, COR. No. 
3, R.P.L.S. No. 3680''; thence, in a northeast direction along the 
common line of Shares 26 and 27; N 54 deg.32'24"E, 806.50 feet to a 
standard FWS aluminum monument set for corner, being the most northerly 
common corner of Shares 26 and 27 in the south line of Share 35 and 
stamped ``Tract 672, COR. No. 4, R.P.L.S. No 3680''; thence, in a 
southeasterly direction along the common line of Shares 35 and 26; S 
35 deg.27'36"E, 462.09 feet to the point of beginning and containing 
8.567 acres of land.
    (Cuellar Tract--Segment 673). Note: All bearings are based on the 
Texas State Plane Coordinate System, South Zone, as referenced by FWS 
GPS Monument No. 105 having State plane coordinates (NAD 27) of N = 
311,099.90, E = 1,799,824.45. The scale factor used is 0.9999252, and 
the theta angle is -00 deg. 37' 32". All areas and distances are true 
surface measurements. Beginning at a standard FWS aluminum monument set 
for the common north corner of Shares 26 and 27, in the south line of 
Share 35 and stamped ``Tract 672, COR. No. 4, R.P.L.S. No. 3680'' and 
having a state plane coordinate value of N = 319,114.02, E = 
1,797,457.29, from which FWS GPS Monument No. 105 bears S 16 deg. 27' 
21" E, 8,356.40 feet; thence, in a southwesterly direction along the 
common line of Shares 26 and 27, S 54 deg. 32' 24" N, 806.50 feet to a 
standard FWS aluminum monument set for corner, being the southeast 
corner of said north one-half (\1/2\) of Share 27, same being the 
northeast corner of the south one-half (\1/2\) of Share 27 and stamped 
``Tract 672, COR. No. 3, R.P.L.S. No. 3680''; thence, in a 
northwesterly direction along the common line of said north and south 
one-half (\1/2\) of Share 27; N 35 deg. 27' 36" W, 592.30 feet to a 
standard FWS aluminum monument set for corner in the common line 
between Shares 27 and 28 and stamped ``Tract 674, COR. No. 3, R.P.L.S. 
No. 3680''; thence, in a northeasterly direction along the common line 
of Shares 27 and 28, N 54 deg. 32' 24" E, 806.50 feet to a standard FWS 
aluminum monument set for corner, being the most northerly common 
corner of Shares 27 and 28 in the south line of Share 34 and stamped 
``Tract 674, COR. No. 2, R.P.L.S. No. 3680''; thence, in a 
southeasterly rection along the common line of Shares 34 and 27, S 
35 deg. 27' 36" E, 592.30 feet to the point of beginning and containing 
10.966 acres of land.

[[Page 44729]]

    (Cuellar Tract--Segment 674). Note: All bearings are based on the 
Texas State Plane Coordinate System, South Zone, as referenced by FWS 
GPS Monument No. 105 having State plane coordinates (NAD 27) of N = 
311,099.90, E = 1,799,824.45. The scale factor used is 0.9999252, and 
the theta angle is -00 deg. 37' 32". All areas and distances are true 
surface measurements. Beginning at a standard FWS aluminum monument set 
replacing a 1-inch iron pipe found for the common north corner of 
Shares 28 and 29, in the south line of Share 33 and stamped ``Tract 
674, COR. No. 1, R.P.L.S. No. 3680'' and having a state plane 
coordinate value of N = 320,078.90, E = 1,796,770.06, from which FWS 
GPS Monument No. 105 bears S 18 deg. 47' 11" E, 9,484.36 feet; thence, 
in a southeasterly direction along the common line of Share 28 and 
Shares 33 and 34, S 35 deg. 27' 36" E, 592.30 feet to a standard FWS 
aluminum monument set for corner, being the common northerly corner of 
Shares 28 and 27 and stamped ``Tract 674, COR. No. 2, R.P.L.S. No. 
3680''; thence, in a southwesterly direction along the common line of 
said Share 28 and 27; S 54 deg. 32' 24" W, 806.50 feet to a standard 
FWS aluminum monument set for the southeasterly corner of said north 
one-half (\1/2\) of Share 28, same being the northeasterly corner of 
the south one-half (\1/2\) of Share 28 and stamped ``Tract 674, COR. 
No. 3, R.P.L.S. No. 3680''; thence, in a northwesterly direction along 
the common line of the north and south one-half (\1/2\) of Share 28, N 
35 deg. 27' 36" W, 592.30 feet to a standard FWS aluminum monument set 
for corner in the common line between Shares 28 and 29 and stamped 
``Tract 674, COR. No. 4, R.P.S. No. 3680''; thence, in a northeasterly 
direction along the common line of Shares 28 and 29; N 54 deg. 32' 24" 
E, 806.50 feet to the point of beginning and containing 10.966 acres of 
land.
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[[Page 44731]]

    Unit 2, Chapeno Tract (28 ha; 69 ac)--(Chapeno Tract--Segment 660). 
Note: All bearings and distances are based on the International 
Boundary Commission Monuments as referenced by the U.S.C. & G. S. 
Triangulation Station ``LABRA.'' The scale factor used is 0.9999252, 
and the theta angle is -00 deg. 37' 32" (NAD 1927). All areas shown are 
true ground areas. Commencing for reference at the U. S. C. & G. S. 
triangulation station ``LABRA,'' having coordinate values: x = 
1,794,777.75, y = 331,881.06; thence, S 02 deg. 08' 43" W, a distance 
of 9,020.47 feet to the northwesterly boundary line of said 44.900-acre 
tract for the northmost corner of said Share No. 17 and being corner 
No. 1 and the northernmost corner and place of beginning of the tract 
herein-described; thence, along the northeasterly boundary line of 
Share No. 17 and the southwesterly boundary line of a 35-foot perpetual 
easement, S 32 deg. 11' 36" E, 840.62 feet to the easternmost corner of 
said Share No. 17 and being corner No. 2 of this tract; thence, along 
the southeasterly boundary line of Share No. 17 and the northwesterly 
boundary line of Share No. 18, S 47 deg. 29' 30" W, 293.59 feet to a 
said point on a fence line along the southwesterly boundary line of 
said 44.900-acre tract for the southernmost corner of said Share No. 17 
and being corner No. 3 of this tract; thence, following said fence line 
along the southwesterly boundary line of Share No. 17 and the 
southwesterly boundary line of said 44.900-acre tract, N 30 deg. 16' 
28" W, 166.16 feet to a standard FWS aluminum monument stamped ``Tract 
(660), R.P.S. No. 4731'' set for a corner of said 44.900-acre tract and 
being corner No. 4 of this tract; thence, continuing along said fence 
line along the southwesterly boundary line of Share No. 17 and the 
southwesterly boundary line of said 44.900-acre tract, N 31 deg. 04' 
59" W, 684.02 feet to a standard FWS aluminum monument stamped ``Tract 
(660), R. P. S. No. 4731'' set for the westernmost corner of said 
44.900-acre tract and being corner No. 5 of this tract, thence, 
following a fence line along the northwesterly boundary line of Share 
No. 17 and the northwesterly boundary line of said 44.900-acre tract, N 
48 deg. 42' 36" E, 273.46 feet to the place of beginning and containing 
5.396 acres of land.
    (Chapeno Tract--Segment 661). Note: All bearings and distances are 
based on the International Boundary Commission Monuments as referenced 
by the U. S. C. & G. S. triangulation station ``LABRA.'' The scale 
factor used is 00.9999252, and the theta angle is -00 deg. 37' 32" (NAD 
1927). All areas shown are true ground areas. Commencing for reference 
at the U. S. C. & G. S. triangulation station ``LABRA,'' having 
coordinate values: x = 1,794,777.75, y = 331,881.06; thence, S 00 deg. 
48' 20" E, a distance of 9,702.45 feet to the northernmost corner of 
said Share No. 18 and being corner No. 1 and the northernmost corner 
and place of beginning of the tract herein-described; thence, along the 
northeasterly boundary line of Share No. 18 and the southwesterly 
boundary line of Share No. 19, S 42 deg. 40' 05" E, 623.01 feet to a 
point on a fence line along the southeasterly boundary line of said 
44.900-acre tract for the easternmost corner of said Share No. 18 and 
being corner No. 2 of this tract; thence, following said fence line 
along the southeasterly boundary line of Share No. 18 and the 
southeasterly boundary line of said 44.900-acre tract, S 54 deg. 58' 
43" W, 14.82 feet to a standard FWS aluminum monument stamped ``Tract 
(661), R. P. S. No. 4731'' set for a corner of said 44.900-acre tract 
and being corner No. 3 of this tract; thence, continuing along said 
fence line along the southeasterly boundary line of Share No. 18 and 
the southeasterly boundary line of said 44.900-acre tract, S 54 deg. 
17' 40" W, 442.61 feet to a standard FWS aluminum monument stamped 
``Tract (661), R. P. S. No. 4731'' set for the southernmost corner of 
said 44.900-acre tract and being corner No. 4 of this tract; thence, 
following a fence line along the southwesterly boundary line of Share 
No. 18 and the southwesterly boundary line of said 44.900-acre tract, N 
30 deg. 16' 28" W, 581.86 feet to a point for the westernmost corner of 
said Share No. 18 and being corner No. 5 of this tract; thence, along 
the southeasterly boundary line of Share No. 17 and the northwesterly 
boundary line of Share No.18, N 47 deg. 29' 30" E, 329.16 feet to the 
place of beginning and containing 5.396 acres of land.
    (Chapeno Tract--Segment 662). Note: All bearings and distances are 
based on the International Boundary Commission Monuments as referenced 
by the U.S.C. & G.S. triangulation station ``LABRA.'' The scale factor 
used is 00.9999252, and the theta angle is -00 deg. 37' 32"; (NAD 
1927). All areas shown are true ground areas. Commencing for reference 
at the U. S. C. & G. S. triangulation station ``LABRA,'' having 
coordinate values: x = 1,794,777.75, y = 331,881.06; thence, S 00 deg. 
53' 22" E, a distance of 9,308.09 feet to the northernmost corner of 
said Share No. 19 and being corner No.1 and the northernmost corner and 
the place of beginning of the tract herein-described; thence, along the 
northeasterly boundary line of Share No. 19 and the southwesterly 
boundary line of Share No. 20, S 41 deg. 14' 45" E, 941.54 feet to a 
point on a fence line along the southeasterly boundary line of said 
44.900-acre tract for the easternmost corner of said Share No. 19 and 
being corner No. 2 of this tract; thence, following said fence line 
along the southeasterly boundary line of Share No. 19 and the 
southeasterly boundary line of said 44.900-acre tract, S 55 deg. 22' 
51" W, 8.49 feet to a standard FWS aluminum monument stamped ``Tract 
(662), R. P. S. No. 4731'' set for a corner of said 44.900-acre tract 
and being corner No. 3 of this tract; thence, continuing along said 
fence line along the southeasterly boundary line of Share No. 19 and 
the southeasterly boundary line of said 44.900-acre tract, S 54 deg. 
58' 43" W, 243.72 feet to the southernmost corner of Share No. 19 and 
being corner No. 4 of this tract; thence, along the northeasterly 
boundary line of Share No. 18 and the southwesterly boundary line of 
Share No. 19, N 42 deg. 40' 05" W, 623.01 feet to a corner of Share No. 
19 and being corner No. 5 of this tract; thence, along the 
northeasterly boundary line of a 35-foot perpetual easement and the 
southwesterly boundary line of Share No. 19, N 32 deg. 08' 41" W, 
293.64 feet to the westernmost corner of said Share No. 19 and being 
corner No. 6 of this tract; thence, along the southeasterly boundary 
line of a 35-ft. perpetual easement and the northwesterly boundary line 
of Share No. 19, N 48 deg. 23' 35" E, 219.73 feet to the place of 
beginning and containing 5.396 acres of land.
    (Chapeno Tract--Segment 663). Note: All bearings and distances are 
based on the International Boundary Commission Monuments as referenced 
by the U.S.C. & G.S. triangulation station ``LABRA.'' The scale factor 
used is 00.9999252, and the theta angle is -00 deg. 37' 32" (NAD 1927). 
All areas shown are true ground areas. Commencing for reference at the 
U. S. C. & G. S. triangulation station ``LABRA,'' having coordinate 
values: x = 1,794,777.75, y = 331,881.06; thence, S 01 deg. 55' 50" E, 
a distance of 9,166.26 feet to the northernmost corner of said share No 
20, and being corner No. 1, and the northernmost corner and place of 
beginning of the tract herein-described; thence, along the 
northeasterly boundary line of Share No. 20 and the southwesterly 
boundary line of Share No. 21, S 44 deg. 17' 45" E, 975.87 feet to a 
point on a fence line along the southeasterly boundary line of said 
44.900-acre tract for the easternmost

[[Page 44732]]

corner of said Share No. 20 and being corner No. 2 of this tract; 
thence, following said fence line along the southeasterly boundary line 
of Share No. 20 and the southeasterly boundary line of said 44.900-acre 
tract; S 55 deg. 22' 51" W, 273.48 feet to the southernmost corner of 
Share No. 20 and being corner No. 3 of this tract; thence, along the 
northeasterly boundary line of Share No. 19 and the southwesterly 
boundary line of Share No. 20, N 41 deg. 14' 45" W, 941.54 feet to the 
westernmost corner of Share No. 20 and being corner No. 4 of this 
tract; thence, along the southeasterly boundary line of a 35-ft. 
perpetual easement and the northwesterly boundary line of Share No. 20, 
N 48 deg. 23' 35" E, 219.73 feet to the place of beginning and 
containing 5.396 acres of land.
    (Chapeno Tract--Segment 664). Note: All bearings and distances are 
based on the International Boundary Commission Monuments as referenced 
by the U.S.C. & G.S. triangulation station ``LABRA.'' The scale factor 
used is 00.9999252, and the theta angle is -00 deg. 37' 32" (NAD 1927). 
All areas shown are true ground areas. Commencing for reference at the 
U. S. C. & G. S. triangulation station ``LABRA,'' having coordinate 
values: x = 1,794,777.75, y = 331,881.06; thence, S 03 deg. 00' 15" E, 
a distance of 9,027.56 feet to the northernmost corner of said Share 
No. 21 and being corner No. 1 and the northernmost corner and place of 
beginning of the tract herein-described; thence, along the 
northeasterly boundary line of Share No. 21 and the southwesterly 
boundary line of Share No 22, S 46  deg. 18' 57" E, 1,008.60 feet to a 
point on a fence line along the southeasterly boundary line of said 
44.900-acre tract for the easternmost corner of Share No. 21 and being 
corner No. 2 of this tract; thence, following said fence line along the 
southeasterly boundary line of Share No. 21 and the southeasterly 
boundary line of said 44.900-acre tract, S 54 deg. 17' 59" W, 56.04 
feet to a standard FWS aluminum monument stamped ``Tract (664), R. P. 
S. No. 4731'' set for a corner of said 44.900-acre tract and being 
corner No. 3 of this tract; thence, continuing along said fenceline 
along the southeasterly boundary line of Share No. 21 and the 
southeasterly boundary line of said 44.900-acre tract, S 55 deg. 22' 
51" W, 202.51 feet to the southernmost corner of Share No. 21 and being 
corner No. 4 of this tract; thence, along the northeasterly boundary 
line of Share No. 20 and the southwesterly boundary line of Share No. 
21, N 44 deg. 17' 45" W, 975.87 feet to the westernmost corner of Share 
No. 21 and being corner No. 5 of this tract; thence, along the 
southeasterly boundary line of a 35-foot perpetual easement and the 
northwesterly boundary line of Share No. 21, N 48 deg. 23' 35" E, 
219.73 feet to the place of beginning and containing 5.396 acres of 
land.
    (Chapeno Tract--Segment 665). Note: All bearings and distances are 
based on the International Boundary Commission Monuments as referenced 
by the U.S.C. & G.S. Triangulation station ``LABRA.'' The scale factor 
used is 00.9999252, and the theta angle is -00 deg.37'32" (NAD 1927). 
All areas shown are true ground areas. Commencing for reference at the 
U.S.C. & G.S. Triangulation station ``LABRA,'' having coordinate 
values: x = 1794,777.75, y = 331,881.06; thence, S 04 deg.06'38"E, a 
distance of 8,892.12 feet to the northernmost corner of said Share No. 
22 and being corner No.1 and the northernmost corner and place of 
beginning of the tract herein-described; thence, following a fence line 
along the northeasterly boundary line of Share No. 22 and the 
southwesterly boundary line of Share No. 23, S 47 deg.33'31"E, 1,036.06 
feet to a point on a fence line along the southeasterly boundary line 
of said 44.900-acre tract for the easternmost corner of said Share No. 
22 and being corner No. 2 of this tract; thence, following said 
fenceline along the southeasterly boundary line of Share No. 22 and the 
southeasterly boundary line of said 44.900-acre tract, S 
54 deg.17'59"W, 245.67 feet to the southernmost corner of Share No. 22 
and being corner No. 3 of this tract; thence, along the northeasterly 
boundary line of Share No. 21 and the southwesterly boundary line of 
Share No. 22, N 46 deg.18'57"W, 1,008.60 feet to the westernmost corner 
of Share No. 22 and being corner No. 4 of this tract; thence, along the 
southeasterly boundary line of a 35-foot perpetual easement and the 
northwesterly boundary line of Share No. 22, N 48 deg.23'35" E, 219.73 
feet to the place of beginning and containing 5.396 acres of land.
    (Chapeno Tract--Segment 666). Note: All bearings and distances are 
based on the International Boundary Commission Monuments as referenced 
by the U.S.C. & G.S. triangulation station ``LABRA.'' The scale factor 
used is 00.9999252, and the theta angle is -00 deg.37'32" (NAD 1927). 
All areas shown are true ground areas. Commencing for reference at the 
U.S.C. & G.S. Triangulation station ``LABRA,'' having coordinate 
values: x = 1,794,777.75, y =331,881.06; thence, S 05 deg.15"E, a 
distance of 8,710.10 feet to the northernmost corner of said Share No. 
23 and being corner No. 1 and the northernmost corner and place of 
beginning of the tract herein-described; thence, following a fenceline 
along the northeasterly boundary line of Share No. 23 and the 
southwesterly boundary line of said Share No. 24, S 48 deg.10'23"E, 
1,061.62 feet to a point on a fence line along the southeasterly 
boundary line of said 44.900-acre tract for the easternmost corner of 
Share No.23 and being corner No. 2 of this tract; thence, following 
said fenceline along the southeasterly boundary line of Share No. 23 
and the southeasterly boundary line of said 44.900-acre tract, S 
54 deg.17'59"W, 234.95 feet to the southernmost corner of Share No.23 
and being corner No. 3 of this tract; thence, along the northeasterly 
boundary line of Share No. 22 and the southwesterly boundary line of 
Share No. 23, N 47 deg.33'31"W, 1,036.06 feet to the westernmost corner 
of Share No. 23 and being corner No. 4 of this tract; thence, along the 
southeasterly boundary line of a 35-ft. perpetual easement and the 
northwesterly boundary line of Share No. 23, N 48 deg.23'35" E, 219.73 
feet to the place of beginning and containing 5.396 acres of land.
    (Chapeno Tract--Segment 667). Note: All bearings and distances are 
based on the International Boundary Commission Monuments as referenced 
by the U.S.C. & G.S. Triangulation station ``LABRA.'' The scale factor 
used is 00.9999252, and the theta angle is -00 deg.37'32" (NAD 1927). 
All areas shown are true ground areas. Commencing for reference at the 
U.S.C. & G.S. Triangulation station ``LABRA,'' having coordinate 
values: x = 1,794,777.75, y = 331,881.06; thence, S 06 deg.25'32"E, a 
distance of 8,631.65 feet to the northeasterly boundary line of said 
44.900-acre tract for corner No. 1 and the place of beginning of the 
tract herein-described; thence, following a fence line along the 
northeasterly boundary line of share No. 24 and the northeasterly 
boundary line of said 44.900-acre tract, S 51 deg.42'47"E, 679.97 feet 
to a standard FWS aluminum monument stamped ``Tract (667), R. P. S. No. 
4731'' set for a corner of said 44.900-acre tract and being corner No. 
2 of this tract; thence, continuing along the fenceline along the 
northeasterly boundary line of Share No. 24 and the northeasterly 
boundary line of said 44.900-acre tract, S 01 deg.11'48"E, 136.46 feet 
to a standard FWS aluminum monument stamped ``Tract (667), R. P. S. No. 
4731'' set for a corner of said 44.900-acre tract and being corner No. 
3 of this tract; thence, continuing along the fenceline along the 
northeasterly boundary line of Share No. 24 and the

[[Page 44733]]

northeasterly boundary line of said 44.900-acre tract, S 
54 deg.15'17"E, 309.21 feet to a standard FWS aluminum monument stamped 
``Tract (667), R. P. S. No. 4731'' set on a fenceline for the 
easternmost corner of Share No. 24 and being on the southeasterly 
boundary line of said 44.900-acre tract and being corner No. 4 of this 
tract; thence, following said fence line along the southeasterly 
boundary line of share No. 24 and the southeasterly boundary line of 
said 44.900-acre tract, S 54 deg.17'59"W, 197.94 feet to the 
southernmost corner of Share No. 24 and being corner No. 5 of this 
tract; thence, following said fenceline along the southwesterly 
boundary line of Share No. 24 and the northeasterly boundary line of 
Share No. 23, N 48 deg.10'23"W, 1,061.62 feet to the westernmost corner 
of Share No. 24 and northernmost corner of Share No. 23 and being 
corner No. 6 of this tract; thence, along the southeasterly boundary 
line of a 35-ft. perpetual easement and the northwesterly boundary line 
of Share No. 24, N 48 deg.23'35"E, 219.73 feet to the place of 
beginning and containing 5.396 acres of land.
BILLING CODE 4310-55-P

[[Page 44734]]

[GRAPHIC] [TIFF OMITTED] TP19JY00.003

BILLING CODE 4310-55-C

[[Page 44735]]

    Unit 3, Arroyo Morteros Tract (41 ha; 102 ac)--Note: All bearings 
are based on the Texas State Plane Coordinate System, South Zone, (NAD 
27), as referenced by FWS GPS Monument No. 105 having State plane 
coordinates of N = 311,099.90, E = 1,799,824.45. The scale factor used 
is 0.9999252, and the theta angle is -00 deg.37'32". All areas and 
distances are true surface measurements. Beginning at a \1/2\-inch iron 
rod found for corner No. 1 on the common line between Porcions 59 and 
60, and being the northwest corner of that certain 127.71-acre tract 
and having a State plane coordinate value of N = 315,746.07, E = 
1,793,538.58, from which FWS GPS monument No. 105 bears S 
53 deg.31'49"E, 7,816.59 feet; thence, in a northeasterly direction 
along the common line of Porcion 59 and 60; N 54 deg.27'12"E, 510.43 
feet to a standard FWS aluminum monument set for corner replacing a \1/
2\-inch iron rod found, being the northwest corner of the herein 
described tract and stamped ``Tract 670, Cor. No. 2, R. P. L. S. No. 
3680''; thence, in a easterly direction through the interior of said 
536.485 acre tract; S 35 deg.20'27"E, 3,621.01 feet to a standard FWS 
aluminum monument set for corner replacing a \1/2\-inch iron rod found, 
being the northeast corner of the herein-described tract and stamped 
``Track 670, Cor. No. 3, R.P.L.S. No. 3680''; thence, in a southerly 
direction continuing through the interior of said 536.485 acre tract; S 
61 deg.18'54"W, 219.24 feet to a fence corner post found for a 
northwesterly corner of that certain 17.408 acre tract and being corner 
No. 4; thence, in a easterly direction along the common line between 
said 17.408 acre tract and the herein described tract; S 
88 deg.47'16"W, 110.41 feet to a fence post found for angle point and 
corner No. 5; thence, in a easterly direction continuing along said 
common line between a 17.408 acre tract and herein described tract; N 
79 deg.11'33"W, 67.63 feet to a fence post found for angle point and 
corner No. 6; thence, in a easterly direction continuing along said 
common line between a 17.408 acre tract and herein described tract; S 
71 deg.49'04"W, 50.57 feet to a fence post found for angle point and 
corner No. 7; thence, in a southerly direction continuing along said 
common line between a 17.408 acre tract and herein described tract; S 
15 deg.40'49"W, 44.43 feet to a fence post found for angle point and 
corner No. 8; thence, in a southerly direction continuing along said 
common line between a 17.408 acre tract and herein described tract; S 
00 deg.18'59"E, 253.83 feet to a fence post found for angle point and 
corner No. 9; thence, in a southerly direction continuing along said 
common line between a 17.408 acre tract and herein described tract; S 
06 deg.36'21"W, 182.88 feet to a fence post found for angle point and 
corner No. 10; thence, in a southerly direction continuing along said 
common line between a 17.408 acre tract and herein described tract; S 
26 deg.38'19"W, 125.18 feet to a fence post found for angle point and 
corner No. 11; thence, in a southerly direction continuing along said 
common line between a 17.408 acre tract and herein described tract; S 
67 deg.33'26"W, 129.76 feet to a fence post found for angle point and 
corner No. 12; thence, in a southerly direction continuing along said 
common line between a 17.408-acre tract and herein described tract; S 
45 deg.58'19"W, 73.00 feet to a fence post found for angle point and 
corner No. 13; thence, in a southerly direction continuing along said 
common line between a 17.408 acre tract and herein described tract; S 
35 deg.10'19"W, 113.60 feet to a fence post found for angle point and 
corner No. 14; thence, in a southerly direction continuing along said 
common line between a 17.408 acre tract and herein described tract; S 
19 deg.34'19"W, 42.80 feet to a fence post found for angle point and 
corner No. 15; thence, in a southerly direction continuing along said 
common line between a 17.408-acre tract and herein described tract; S 
15 deg.23'41"W, 28.84 feet to a \1/2\-inch iron rod found on the 
apparent gradient boundary of the Rio Grande for the southeast corner 
hereof and corner No. 16; thence, in a westerly direction along said 
apparent gradient boundary of the Rio Grande; N 62 deg.26'09"W, 81.47 
feet to a point on said apparent gradient boundary of the Rio Grande 
for corner No. 7; thence, in a northwesterly direction continuing along 
said apparent gradient boundary of the Rio Grande; N 36 deg.34'14"W, 
122.63 feet to a point on said apparent gradient boundary of the Rio 
Grande for corner No. 18; thence, in a northerly direction continuing 
along said apparent gradient boundary of the Rio Grande; N 
20 deg.15'10"W, 58.91 feet to a point on said apparent gradient 
boundary of the Rio Grande for corner No. 19; thence, in a 
northwesterly direction continuing along said apparent gradient 
boundary of the Rio Grande; N 34 deg.02'20"W, 118.95 feet to a point on 
said apparent gradient boundary of the Rio Grande for Corner No. 20; 
thence, in a westerly direction continuing along said apparent gradient 
boundary of the Rio Grande; S 73 deg.36'56"W, 17.73 feet to a point on 
said apparent gradient boundary of the Rio Grande for corner No. 21; 
thence, in a northwesterly direction continuing along said apparent 
gradient boundary of the Rio Grande; N 43 deg.36'30"W, 118.21 feet to a 
point on said apparent gradient boundary of the Rio Grande corner No. 
22; thence, in a northerly direction continuing along said apparent 
gradient boundary of the Rio Grande; N 28 deg.12'58"W, 168.21 feet to a 
point on said apparent gradient boundary of the Rio Grande for corner 
No. 23; thence, in a northwesterly direction continuing along said 
apparent gradient boundary of the Rio Grande; N 49 deg.09'29"W, 149.82 
feet to a point on said apparent gradient boundary of the Rio Grande 
for corner No. 24; thence, in a westerly direction continuing along 
said apparent gradient boundary of the Rio Grande; N 66 deg.23'26"W, 
123.27 feet to a point on said apparent gradient boundary of the Rio 
Grande for corner No. 25; thence, in a westerly direction continuing 
along said apparent gradient boundary of the Rio Grande; N 
77 deg.18'49"W, 240.49 feet to a point on said apparent gradient 
boundary of the Rio Grande for corner No. 26; thence, in a westerly 
direction continuing along said apparent gradient boundary of the Rio 
Grande; S 80 deg.06'32"W, 129.98 feet to a point on said apparent 
gradient boundary of the Rio Grande for corner No. 27; thence, in a 
westerly direction continuing along said apparent gradient boundary of 
the Rio Grande; N 79 deg.54'48"W, 218.17 feet to a point on said 
apparent gradient boundary of the Rio Grande for corner No. 28; thence, 
in a westerly direction continuing along said apparent gradient 
boundary of the Rio Grande; S 81 deg.13'28"W, 136.03 feet to a \1/2\-
inch iron rod found on said apparent gradient boundary of the Rio 
Grande for the southeast corner of the aforementioned 127.71 acre 
tract, same being the southwest corner hereof and corner No. 29; 
thence, in a northerly direction along the common line between said 
127.71-acre tract and the herein described tract; N 06 deg.09'33"W, 
237.00 feet to a fence post found for angle point and corner No. 30; 
thence, in a northerly direction continuing along the common line 
between said 127.71-acre tract and the herein described tract; N 
05 deg.51'34"W, 198.49 feet to a fence post found for angle point and 
corner No. 31; thence, in a Northerly direction continuing along the 
common line between said 127.71-acre tract and the herein described 
tract; N 07 deg.49'27"E, 161.97 feet to a fence post found for angle 
point and corner No. 32; thence, in a Northerly direction continuing 
along the common line between said 127.71-acre tract and the herein 
described tract; N 07 deg.47'00"E, 302.39 feet to a fence post found 
for

[[Page 44736]]

angle point and corner No. 33; thence, in a northerly direction 
continuing along the common line between said 127.71 acre tract and the 
herein described tract; N 07 deg.17'37"E, 493.82 feet to a fence post 
found for angle point and corner No. 34; thence, in a northeasterly 
direction continuing along the common line between said 127.71-acre 
tract and the herein described tract, as fenced; N 46 deg.28'41"E, 
643.50 feet to a fence post found for angle point and corner No. 35; 
thence, in a northwesterly direction continuing along the common line 
between said 127.71 acre tract and the herein described tract; N 
47 deg.51'47"W, 1,087.49 feet to a fence post found for angle point and 
corner No. 36; thence, in a northerly direction continuing along the 
common line between said 127.71-acre tract and the herein described 
tract; N 21 deg.22'25"W, 375.05 feet to the point of beginning and 
containing 89.90 acres of land.
BILLING CODE 4310-55-P

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BILLING CODE 4310-55-C

[[Page 44738]]

    Unit 4, Las Ruinas Tract (104 ha; 256 ac)--Note: All bearings are 
based on the Texas State Plane Coordinate System, South Zone, as 
referenced by National Geodetic Survey (NGS.) Triangulation Station 
``GORGORA'' having State plane coordinates (NAD 27) of N = 275,335.73, 
E = 1.833,217.01. The scale factor used is 0.9999421, and the theta 
angle is -00 deg.16'22". All areas and distances are true surface 
measurements. Beginning at a 2-inch iron pipe having State plane 
coordinates of N = 280,488.40, E = 1,804,584.01 for the northerly 
southeast corner of the herein described tract, from which said 
triangulation station ``GORGORA'' bears S 79 deg.47'55" E, a distance 
of 29,092.93 feet, same being the southwest corner of Share 96, of said 
Porcion 66, and the southwest corner of a 1455.52-acre tract of land as 
described, same being in the north line of Share 94, of said Porcion 
66, same being in the north line of Tract ``K'', a 26.82-acre tract of 
land as described, for corner No. 1 and point of beginning of the 
herein described tract of land. Thence, westerly along the common line 
between said northerly line of tract ``K'' and the southerly line 
hereof N 80 deg.30'29" W, 871.09 feet to a 6" iron pipe found for 
corner No. 2, same being the northwest corner of said Tract ``K''; 
thence, southerly along the common line between the westerly line of 
said Tract ``K'' and the easterly line hereof S 09 deg.22'35" W, 837.18 
feet, to a 1\3/4\" iron pipe found for the southwest corner of said 
tract ``K'' and the northwest corner of a 23.5131-acre tract of land at 
corner No. 3, thence, southerly along the common line between said 
23.5131-acre tract and the most southerly easterly line hereof, S 
09 deg.22'35" W, 540.00 feet to a standard FWS aluminum monument set, 
said monument being in the north line of a 56.82-acre tract of land as 
described for corner No. 4 and stamped ``Tract 630, Ref. No. 4, RPLS 
3680''; thence, westerly along the common northerly line between said 
56.82 acre tract and the southerly line hereof, N 80 deg.31'16" W, 
3295.18 feet to the apparent gradient boundary of the Rio Grande, and 
passing a standard FWS aluminum monument set for reference at a 
distance of 3,210.08 feet and stamped ``Tract 630, Ref. No. 5, RPLS 
3680''; thence, northerly along the apparent gradient boundary of the 
Rio Grande N 63 deg.00'17" E, 192.97 feet to a point on the apparent 
gradient boundary of the Rio Grande for Corner No. 6; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
62 deg.39'49" E, 398.99 feet to a point on the apparent gradient 
boundary of the Rio Grande for corner No. 7; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
60 deg.14'39" E, 722.34 feet to a point on the apparent gradient 
boundary of the Rio Grande for Corner No. 8; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
57 deg.28'43" E, 416.75 feet to a point on the apparent gradient 
boundary of the Rio Grande for corner No. 9; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
57 deg.55'40" E, 171.44 feet to a point on the apparent gradient 
boundary of the Rio Grande for corner No. 10; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
47 deg.49'48" E, 287.44 feet to a point on the apparent gradient 
boundary of the Rio Grande for corner No. 11; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
43 deg.00'00" E, 246.79 feet to a point on the apparent gradient 
boundary of the Rio Grande for corner No. 12; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
39 deg.40'14" E, 295.08 feet to a point on the apparent gradient 
boundary of the Rio Grande for corner No. 13; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
35 deg.41'43" E, 380.79 feet to a point on the apparent gradient 
boundary of the Rio Grande for corner No. 14; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
31 deg.28'24" E, 370.58 feet to a point on the apparent gradient 
boundary of the Rio Grande for corner No. 15; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
33 deg.19'15" E, 293.00 feet to a point on the apparent gradient 
boundary of the Rio Grande for corner No. 16; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
13 deg.43'08" E, 146.31 feet to a point on the apparent gradient 
boundary of the Rio Grande for corner No. 17; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
11 deg.00'57" E, 189.14 feet to a point on the apparent gradient 
boundary of the Rio Grande for corner No. 18; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
02 deg.10'54" W, 305.51 feet to a point on the apparent gradient 
boundary of the Rio Grande for Corner No. 19; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
01 deg.31'51" W, 416.25 feet to a point on the apparent gradient 
boundary of the Rio Grande for Corner No. 20; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
00 deg.01'29" W, 441.45 feet to a point on the apparent gradient 
boundary of the Rio Grande for corner No. 21; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
03 deg.29'26" E, 405.03 feet to a point on the apparent gradient 
boundary of the Rio Grande for corner No. 22; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
08 deg.08'02" E, 308.09 feet to a point on the apparent gradient 
boundary of the Rio Grande for corner No. 23; thence, northerly 
continuing along said apparent gradient boundary of the Rio Grande N 
39 deg.03'01" E, 218.95 feet to a point on the apparent gradient 
boundary line of the Rio Grande, for Corner No. 24 and northwest corner 
of this tract, same being the southwest corner of a 60.77-acre tract of 
land; thence, easterly along the common line between the south line of 
said 60.77-acre tract and the northerly line hereof S 80 deg.31'16" E, 
1942.92 feet to a standard FWS aluminum monument set and stamped 
``Tract 630, Ref. No. 25, RPLS 3680'' for corner No. 25, same being the 
southeast corner of said 60.77-acre tract, same being in the west line 
of Share 339 of said Porcion 66, same being in the west line of said 
1,455.52-acre tract of land, and passing a standard FWS aluminum 
monument set for Reference at a distance of 38.95 feet and stamped 
``Tract 630, Ref. No. 24, RPLS 3680''; thence, southerly along the 
common line between the west line of said Share 339, Share 319, Share 
227, Share 231, Share 230, Share 229, Share 518, Share 226, Share 225, 
Share 224, and said Share 96, same being the west line of said 
1,455.52-acre tract and the east line hereof S 09 deg.28'44" W, 
3,845.12 feet and passing a 2-inch iron pipe found for the southwest 
corner of Share 339, same being the northwest corner of Share 319 at a 
distance of 315.48 feet, and being 0.46 feet easterly of and 
perpendicular to this line, and also passing a 1\1/2\ inch iron pipe 
found for the southwest corner of Share 319, same being the northwest 
corner of Share 227 at a distance of 711.48 feet, and being 0.39 feet 
easterly of and perpendicular to this line, and also passing a 2-inch 
iron pipe found for the southwest corner of Share 231, same being the 
northwest corner of Share 230 at a distance of 1,320.71 feet, and being 
0.09 feet easterly of and perpendicular to this line, to the point of 
beginning of the herein described tract and containing 254.42 acres of 
land.
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[[Page 44740]]


    Unit 5, Arroyo Ramirez Tract (273 ha; 675 ac)--Formal surveying of 
the tract has not been performed. Described as, ``All of Share 79, 
Porcion 68, Abstract 191, Former Jurisdiction of Mier, Mexico, now 
Starr County, Texas, and all of Share 166, Porcion 69, Abstract No. 
160, Former Jurisdiction of Mier, Mexico, now Starr County, Texas. 
Description by approximated latitude/longitude coordinates (attached 
maps): Beginning at Latitude/Longitude 26 deg.24'00.9" N/
099 deg.03'23.9" W, westward to Latitude/Longitude 026 deg.24'04.7" N/
099 deg.03'46.5" W, northward to Lat/Long 026 deg.24'25.2" N/
099 deg.03'43.3" W, westward to Lat/Long 026 deg.24'26.0" N/
099 deg.03'49.8" W, northward to Lat/Long 026 deg.25'05.5" N/
099 deg.03'42.6" W, eastward to Lat/Long 026 deg.24'56.6" N/
099 deg.02'40.3" W to the apparent gradient boundary of the Rio Grande 
River.

[[Page 44741]]

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[[Page 44742]]


    Unit 6, Los Negros Creek Tract (47 ha; 116 ac)--The following 
described tract of land is located in Starr County, Texas, about 1 mile 
northwest of the town of Roma, being 111.67 acres out of Share 13, 
Porcion 70, and being more particularly described as follows: Beginning 
at Cor. No. 1, an iron pin set for the northeast corner of Share No. 13 
of Porcion No. 70; thence, along an old fenceline and the dividing line 
between Share Nos. 13, 1-B and 12-A, S 09 deg.15' W, 2,694.00 feet to 
Cor. No. 2 an iron pin set on the Old High Bank of the Rio Grande and 
the southeast corner of this tract; thence leaving said fence line and 
along said Old High Bank with the following two courses, N 
63 deg.17'27" W, 1,161.54 feet to Cor. No. 3 and N 87 deg.10'00" W, 
612.00 feet to Cor. No. 4, a set iron pin and the southwest corner of 
this tract; thence leaving said Old High Bank and along the dividing 
line of Tract 2 and 3 of said Share 13 and an old fenceline with the 
following three courses, N 09 deg.15' E, 841.30 feet to Cor. No. 5, a 
set iron pin; N 80 deg.45' W, 397.50 feet to Cor. No. 6, a set iron 
pin; and N 09 deg.15' E, 1,572.60 feet to Cor. No. 7 & iron pin set for 
the northwest corner of this tract; thence leaving said dividing line 
and along the north line of this tract and an old fenceline, S 
80 deg.45' E, 2,113.70 feet to Cor. No. 1 and the true place of 
beginning, containing 111.67 acres of land bounded on the West, North, 
and East by lands of unknown owner and on the South by the Rio Grande.

[[Page 44743]]

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BILLING CODE 4310-55-C

[[Page 44744]]

    Unit 7, La Puerta Tract (1,577 ha; 3,895 ac) (Segment 590). Note: 
All bearings and distances are based on the Texas State Plane 
Coordinate System, South Zone, as referenced by National Geodetic 
Survey (NGS) triangulation station ``Fordyce 2'' and NGS triangulation 
station ``Monument''. Scale factor used was 0.99993949; theta angle 
used was -00 deg.06' 15". All areas are true ground measured areas. 
Beginning at corner No. 1, a standard U.S. Fish and Wildlife Service 
(FWS) aluminum monument stamped ``TR 590 COR 1'' set in the west 
boundary of Porcion 86, said point being at the southwest corner of the 
aforementioned 8,061-acre tract, and also being the northeast corner of 
a 160-acre tract recorded in volume 60, pages 47-48, Deed Records, 
Starr County, Texas, from which NGS triangulation station ``Monument'' 
bears N. 68 deg.59'27" W, 8,477.20 feet; thence, from corner No. 1, 
along the western boundary line of said 8,061-acre tract and Porcion 
86, N 09 deg.02'27" E, 25,125.17 feet to corner No. 2, a standard FWS 
aluminum monument stamped ``TR 590 COR 2'', set at a fence corner from 
which NGS triangulation station ``Monument'' bears S 28 deg.34'49" W, 
24,795.18 feet; said corner No. 2 also being the northwest corner of 
the herein described tract, thence, from corner No. 2, departing said 
western boundary line, with fence, S. 78 deg.52'36" E, 1,889.04 feet, 
to corner No. 3, a standard FWS aluminum monument stamped ``TR 590 COR 
3'' set at fence corner; thence, from corner No. 3, continuing with 
fence, N 06 deg.16'07" E, 1,007.99 feet to corner No. 4, a standard FWS 
aluminum monument stamped ``TR 590 COR 4'' set at fence corner; thence, 
from corner No. 4, continuing with fence, S 78 deg.42'12" E, 2,691.33 
feet to corner No. 5, a standard FWS aluminum monument stamped ``TR 590 
COR 5'' set for angle; thence from corner No. 5, continuing with fence, 
S 72 deg.35'38" E, 2,000.57 feet to corner No. 6, a standard FWS 
aluminum monument stamped ``TR 590 COR 6'' set at fence corner, said 
point being a perpendicular distance of 20.20 feet from the eastern 
boundary line of Porcion 87, said point also being the Northeast corner 
of the herein described tract; thence, from corner No. 6, continuing 
with fence, S 09 deg.01'08" W, 10,831.38 feet to corner No. 7, a 
standard FWS aluminum monument stamped ``TR 590 COR 7'' set for angle 
adjacent to a found \5/8\-inch iron pin; thence, from corner No. 7, 
continuing with fence, S 08 deg.56'57" W, 10,030.04 feet, to corner No. 
8, a standard FWS aluminum monument stamped ``TR 590 COR 8'' set for 
angle point, said point being at the intersection of said fence with 
the east boundary line of Porcion 87; thence, from corner No. 8, 
departing said fence, along the east boundary line of Porcion 87, S 
09 deg.02'27" W, 4,824.69 feet to corner No. 9, a standard FWS aluminum 
monument stamped ``TR 590 COR 9'' set for corner; thence, from corner 
No. 9, departing said east line, N 80 deg.47'09" W, 6,527.80 feet to 
the place of beginning and containing 3,844.674 acres.
    (La Puerta 590a). Note: All bearings and distances are based on the 
Texas State Plane Coordinate System, South Zone, (NAD 27), as 
referenced by the National Geodetic Survey (NGS) Triangulation Station 
``Monument'' having a coordinate value of N = 250,167.56 ; E = 
1,912,489.81. Scale factor applied equals 0.99993949; theta angle 
equals -00 deg.06'15". All areas are based on true ground measurements. 
Beginning at corner No. 1, a standard FWS aluminum monument stamped 
``TR 590A COR 1'' set over a 2-inch iron pipe found in the west 
boundary line of Porcion 87, east boundary line of Porcion 86, at the 
northwest corner of said Lot 22, also being the northeast corner of a 
2.83-acre tract as described by deed recorded in Volume 516, Page 62, 
Official Records, Starr County, Texas and being in the south boundary 
line of USA Tract (590) as described by deed recorded in Volume 608, 
Page 309, Official Records, Starr County, Texas said point having a 
coordinate value of N = 246,550.96; E = 1,923,962.74 and bearing S 
72 deg.30'13" E, 12,029.47 feet from NGS Triangulation Station 
``Monument''; thence from corner No. 1, with south boundary line of 
said USA Tract (590), the north boundary line of said Lot 22, S 
80 deg.47'09" E, 2,922.00 feet to corner No. 2, a standard FWS aluminum 
monument stamped ``TR 590 COR 9'' found at the southeast corner of said 
USA Tract (590), also being the northeast corner of said Lot 21, and 
being in the east boundary line of Porcion 87, west boundary line of 
Porcion 88 for the northeast corner of the herein-described tract of 
land; thence, from Corner No. 2, with the said east boundary line of 
Porcion 87, west boundary line of Porcion 88, and also being the east 
boundary line of said Lot 21, S 08 deg.18'30" W, 1,130.60 feet to 
corner No. 3, a standard FWS aluminum monument stamped ``TR 590A COR 
3'' set in the existing north right-of-way line of U.S. Highway 83 with 
the intersection of said east boundary line of Porcion 87, west 
boundary line of Porcion 88 for the southeast corner of the herein 
described tract of land; thence, from corner No. 3, with and along the 
said existing north right-of-way line of U.S. Highway 83, N 
66 deg.14'23" W, 18.20 feet to corner No. 4, a standard FWS aluminum 
monument stamped ``TR 590A COR 4'' set for an angle point; thence, from 
corner No. 4, continuing along said existing north right-of-way line, N 
60 deg.31'23" W, 100.39 feet to corner No. 5, a standard FWS aluminum 
monument stamped ``TR 590A COR 5'' set for an angle point; thence, from 
corner 5, continuing along said existing north right-of-way line, N 
66 deg.14'23" W, 499.97 feet to corner No. 6, a standard FWS aluminum 
monument stamped ``TR 590A COR 6'' set for an angle point; thence, from 
corner No. 6, continuing along said existing north right-of-way line, N 
71 deg.57'23" W, 100.39 feet to a corner No. 7, a standard FWS aluminum 
monument stamped ``TR 590A COR 7'' set for an angle point; thence, from 
corner No. 7, continuing along said existing north right-of-way line, N 
66 deg.14'14" W, 1,084.94 feet to corner No. 8, a \5/8\ inch iron rod 
found at the intersection of the said existing north right-of-way line 
with the proposed north right-of-way line of U.S. Highway 83; thence, 
from corner No. 8, departing said existing north right-of-way line with 
and along the proposed north right-of-way line of U.S. Highway 83, N 
60 deg.43'04" W, 200.90 feet to corner No. 9, a \5/8\-inch iron rod 
found for an angle point; thence, from corner No. 9, continuing along 
said proposed north right-of-way line, N 69 deg.54'31" W, 300.83 feet 
to corner No. 10, a \5/8\-inch iron rod found at the intersection of 
said proposed north right-of-way line with the existing north right-of-
way line of U.S. Highway 83; thence, from corner No. 10, with the said 
existing north right-of-way line of U.S. Highway 83, N 66 deg.16'51" W, 
399.70 feet to corner No. 11, a standard FWS aluminum monument stamped 
``TR 590A COR 11'' set over a \1/2\-inch iron rod found for an angle 
point; thence, from corner No. 11, continuing along said existing North 
right-of-way line, N 64 deg.31'54" W, 335.45 feet to corner No. 12, a 
standard FWS aluminum monument stamped ``TR 590A COR 12'' set at the 
intersection of said existing north right-of-way line with the west 
boundary line of Porcion 87, east boundary line of Porcion 86; thence, 
from corner No. 12, departing said existing north right-of-way line 
with the said west boundary line of Porcion 87, east boundary line of 
Porcion 86, N 08 deg.56'59" E, 357.90 feet to corner No. 1, the point 
of beginning and containing 50.033 acres of land.
    (La Puerta Tract--Segment 590b). Note: All bearings and distances 
are

[[Page 44745]]

based on the Texas State Plane Coordinate System, South Zone, (NAD 27), 
as referenced by the National Geodetic Survey (NGS) Triangulation 
Station ``Monument'' having a coordinate value of N = 250,167.56' E = 
1,912,489.81. Scale factor applied equals 0.00003040; theta angle 
equals -00 deg.06'15". All areas are based on true ground measurements. 
Beginning at corner No. 1, a \5/8\-inch iron rod found at the 
intersection of the west boundary line of Porcion 87, east boundary 
line of Porcion 86 with the proposed south right-of-way line of U.S. 
Highway 83, said point bears S 08 deg.57'33" W, 139.55 feet from a \5/
8\-inch iron rod found in the existing south right-of-way line of U.S. 
Highway 83, said point having a coordinate value of N = 245,880.85, E = 
1,923,857.21 and bearing S 69 deg.20'18" E, 12,148.81 feet from NGS 
Triangulation Station ``Monument''; thence, from corner No. 1, with the 
said proposed south right-of-way line, S 66 deg.14'23" E, 3,043.33 feet 
to corner No. 2, a \5/8\-inch iron rod found at the intersection of the 
east boundary line of Porcion 87, the west boundary line of Porcion 88 
and the said proposed south right-of-way line, thence, from corner No. 
2, with the said east boundary line of Porcion 87, west boundary line 
of Porcion 88, S 08 deg.59'29" W, 2,925.70 feet to corner No. 3, a 
standard FWS aluminum monument stamped ``TR 590B COR 3'' set over a \1/
2\-inch iron rod found at the intersection of said east boundary line 
of Porcion 87, west boundary line of Porcion 88 with the north right-
of-way line of the Missouri-Pacific Railroad; thence, from corner No. 
3, with the said north right-of-way line of the Missouri-Pacific 
Railroad, N 52 deg.58'07" W, 3,333.49 feet to corner No. 4, a standard 
FWS aluminum monument stamped ``TR 590B COR 4'' set over a \3/8\-inch 
iron rod found at the intersection of the said north right-of-way line 
with the said west boundary line of Porcion 87, the east boundary line 
of Porcion 86, said point also being the southeast corner of a 39.492-
acre tract, thence from corner No. 4, with the said west boundary line 
of Porcion 87, east boundary line of Porcion 86, N 08 deg.56'13" E, 
1,715.55 feet to corner No. 5, a standard FWS aluminum monument stamped 
``TR 590B COR 5'' set over a \1/2\-inch iron rod found at the southeast 
corner of a 2.0-acre tract, thence, from corner No. 5, continuing along 
said west boundary line of Porcion 87, east boundary line of Porcion 
86, N 09 deg.08'05" E, 418.93 feet to corner No. 1, the point of 
beginning and containing 170.950 acres of land.
BILLING CODE 4310-55-P

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[[Page 44747]]


    Critical Habitat on Texas Department of Transportation Highway 
Rights of Way, Zapata County, Texas:
    Unit 8 includes the existing maintained highway right of way along 
Highway 83, extending 201.2 m (0.125 mi) each direction, along the east 
side of the highway and approximately 15.2 m (50 ft) away from the 
road's edge, from the known Lesquerella thamnophila population located 
at Lat/Long 26 deg.51'45"/99 deg.14'48".

[[Page 44748]]

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[[Page 44749]]


    Unit 9 includes the existing maintained highway right of way along 
Highway 83, extending 201.2 m (0.125 mile) each direction, along the 
east side of the highway and approximately 15.2 m (50 ft) away from the 
road's edge, from the known Lesquerella thamnophila population located 
at Lat/Long 26 deg.41'55"/99 deg.06'31".

[[Page 44750]]

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[[Page 44751]]


    Unit 10--Private ranch site comprises 0.552 hectares (1.36 acres) 
within the Universal Transverse Mercator, Zone 14 and begins at UTM 
490706 E, 2929709 N; thence to 490729 E, 2929706 N; to 490748 E, 
2929720 N; to 490762 E, 2929722 N; to 490767 E, 2929704 N; to 490767 E, 
2929679 N; to 490769 E, 2929654 N; to 490770 E, 2929637 N; to 490770 E, 
2929629 N; to 490760 E, 2929619 N; to 490743 E, 2929614 N; to 490732 E, 
2929612 N; to 490720 E, 2929614 N; to 490709 E, 2929670 N; and thence 
to point of beginning.

[[Page 44752]]

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[[Page 44753]]


* * * * *

    Dated: July 13, 2000.
Stephen C. Saunders,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-18279 Filed 7-18-00; 8:45 am]
BILLING CODE 4310-55-C