[Federal Register Volume 65, Number 237 (Friday, December 8, 2000)]
[Proposed Rules]
[Pages 77178-77208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31175]



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Part IV





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Proposed Designation of 
Critical Habitat for the San Bernadino Kangaroo Rat; Proposed Rule

  Federal Register / Vol. 65 , No. 237 / Friday, December 8, 2000 / 
Proposed Rules  

[[Page 77178]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AH07


Endangered and Threatened Wildlife and Plants; Proposed 
Designation of Critical Habitat for the San Bernardino Kangaroo Rat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose 
designation of critical habitat for the San Bernardino kangaroo rat 
(Dipodomys merriami parvus) pursuant to the Endangered Species Act of 
1973, as amended (Act). A total of approximately 22,423 hectares 
(55,408 acres) in San Bernardino and Riverside Counties, California, 
are proposed as critical habitat for the San Bernardino kangaroo rat.
    Critical habitat identifies specific areas, both occupied and 
unoccupied, that are essential to the conservation of a listed species 
and that may require special management considerations or protection. 
The primary constituent elements for the San Bernardino kangaroo rat 
are those habitat components that are essential for the primary 
biological needs of foraging, reproducing, rearing of young, intra-
specific communication, dispersal, genetic exchange, or sheltering. All 
areas proposed for designation as critical habitat for the San 
Bernardino kangaroo rat contain one or more of the primary constituent 
elements essential to the conservation of the species.
    If this proposed rule is made final, section 7 of the Act would 
prohibit destruction or adverse modification of critical habitat by any 
activity funded, authorized, or carried out by any Federal agency; and, 
Federal agencies proposing actions that may affect the area designated 
as critical habitat must consult with us on the effects of their 
proposed actions, pursuant to section 7(a)(2) of the Act. Section 4 of 
the Act requires us to consider economic and other relevant impacts of 
specifying any particular area as critical habitat.
    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 consider all comments on the proposed rule received from 
interested parties by February 6, 2001. Public hearing requests must be 
received by January 22, 2001.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one of several methods.
    1. You may submit written comments and information to the Field 
Supervisor, Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 2730 Loker Avenue West, Carlsbad, California 92008.
    2. You may hand-deliver written comments to our Carlsbad Fish and 
Wildlife Office, U.S. Fish and Wildlife Service, 2730 Loker Avenue 
West, Carlsbad, California.
    3. You may send comments by electronic mail (e-mail) to 
FW1CFWO__sbkr@fws.gov. See the Public Comments Solicited section below 
for file format and other information about electronic filing.
    Comments and materials received, and supporting documentation used 
in the preparation of this proposed rule, will be available for public 
inspection, by appointment, during normal business hours at the 
Carlsbad Fish and Wildlife Office.

FOR FURTHER INFORMATION CONTACT: Ken S. Berg, Field Supervisor, 
Carlsbad Fish and Wildlife Office, at the above address (telephone: 
760/431-9440; facsimile 760/431-9624).

SUPPLEMENTARY INFORMATION:

Background

    The San Bernardino kangaroo rat (Dipodomys merriami parvus) is one 
of 19 recognized subspecies of Merriam's kangaroo rat (D. merriami), a 
widespread species distributed throughout arid regions of the western 
United States and northwestern Mexico (Hall and Kelson 1959, Williams 
et al. 1993). In coastal southern California, Merriam's kangaroo rat is 
the only species of kangaroo rat with four toes on each of its hind 
feet. The San Bernardino kangaroo rat has a body length of about 95 
millimeters (mm) (3.7 inches (in)) and a total length of 230 to 235 mm 
(9 to 9.3 in). The hind foot measures less than 36 mm (1.4 in) in 
length. The body color is pale yellow with a heavy overwash of dusky 
brown. The tail stripes are medium to dark brown and the foot pads and 
tail hairs are dark brown. The flanks and cheeks of the subspecies are 
dusky (Lidicker 1960). The San Bernardino kangaroo rat is considerably 
darker and smaller than either of the other two subspecies of Merriam's 
kangaroo rat that occur in southern California, D. merriami merriami 
and D. merriami collinus. The San Bernardino kangaroo rat, endemic to 
southern California, is one of the most highly differentiated 
subspecies of Merriam's kangaroo rat and, according to Lidicker (1960), 
``it seems likely that it has achieved nearly species rank.''
    The San Bernardino kangaroo rat, a member of the family 
Heteromyidae, was first described by Rhoades (1894) under the name 
Dipodomys parvus from specimens collected by R.B. Herron in Reche 
Canyon, San Bernardino County, California. Elliot reduced D. parvus to 
a subspecies of D. merriami (D. merriami parvus) in 1901, a taxonomic 
treatment of the species which was confirmed by Hall and Kelson (1959) 
and Williams et al. (1993). The San Bernardino kangaroo rat appears to 
be separated from Merriam's kangaroo rat (D. merriami merriami) at the 
northernmost extent of its range near Cajon Pass by an 8 to 13 
kilometer (km) (5 to 8 mile (mi)) gap of unsuitable habitat.
    The historical range of this species extends from the San 
Bernardino Valley in San Bernardino County to the Menifee Valley in 
Riverside County (Hall and Kelson 1959, Lidicker 1960). Within this 
range, the San Bernardino kangaroo rat was known from more than 25 
localities (McKernan 1993). From the early 1880s to the early 1930s, 
the San Bernardino kangaroo rat was a common resident of the San 
Bernardino and San Jacinto Valleys of southern California (Lidicker 
1960). At the time of listing, based on the distribution of suitable 
soils and museum collections of this species, we estimated that the 
historical range encompassed approximately 130,587 hectares (ha) 
(326,467 acres (ac)) (U.S. Fish and Wildlife Service unpubl. GIS maps, 
1998; in 63 FR 51005). Recent studies indicate that the species 
occupies a wider range of soil and vegetation types than previously 
thought (Braden and McKernan 2000), which suggests that the species' 
historical range may have been larger than we estimated at the time of 
listing.
    Although the entire area of the historical range would not have 
been occupied at any given time due to hydrological processes and 
resultant variability in habitat suitability, the San Bernardino 
kangaroo rat was widely distributed across the San Bernardino and San 
Jacinto valleys. By the 1930s, suitable habitat had been estimated to 
have been reduced to approximately 11,200 ha (28,000 ac) (McKernan 
1997). Habitat destruction continued such that in 1997 the San 
Bernardino kangaroo rat was thought to occupy only 1,299 ha (3,247 ac) 
of suitable habitat divided unequally among seven locations

[[Page 77179]]

(McKernan 1997). At the time of listing, we also estimated that an 
additional 5,277 ha (13,193 ac) of additional habitat that was likely 
occupied by the San Bernardino kangaroo rat was distributed within the 
Santa Ana River, Lytle and Cajon creeks, and San Jacinto River. Unlike 
the three largest habitat blocks, we did not provide an estimate for 
additional habitat that was likely occupied for the smaller remnant 
populations at City Creek, Etiwanda alluvial fan and wash, Reiche 
Canyon, and South Bloomington (including Jurupa Hills). At the time of 
listing, we discounted approximately 1,358 ha (3,396 ac) of the 5,277 
ha (13,193 ac) of additional habitat as being too mature or degraded to 
support San Bernardino kangaroo rats. Additional research has indicated 
that San Bernardino kangaroo rats occupy mature alluvial scrub, coastal 
sage scrub, and even chaparral vegetation types (McKernan 2000). Thus, 
a minimum of approximately 6,576 ha (16,440 ac) of habitat was likely 
occupied at the time of listing.
    Additional research has expanded our knowledge on the distribution 
and habitat needs of the San Bernardino kangaroo rat. We are proposing 
critical habitat for the Santa Ana River (including City, Plunge, and 
San Timoteo Creeks), Lytle and Cajon Creeks, San Jacinto River and 
Bautista Creek, Etiwanda alluvial fan (including the Etiwanda Wash), 
Reche Canyon, and Jurupa Hills-South Bloomington (McKernan 1997; 
California Natural Diversity Data Base (CNDDB) 2000; University of 
California, Riverside species database 2000; database for the San 
Bernardino Valley-Wide Multiple Species Habitat Conservation Plan 
(MSHCP) 2000; and section 10(a)(1)(A) survey reports 1998-2000). The 
areas proposed as critical habitat are an expansion of the known 
locations of the San Bernardino kangaroo rat identified in the final 
listing rule and are within the known geographical area for this 
species. Other known populations of the San Bernardino kangaroo rat 
have not been proposed as critical habitat. We did not propose critical 
habitat for small scattered populations or habitats which were in areas 
that were highly fragmented by urban and agricultural development and/
or were no longer subject to hydrological and geomorphological 
processes that would naturally maintain alluvial scrub vegetation.
    Habitat for the San Bernardino kangaroo rat has been severely 
reduced and fragmented by development and related activities in the San 
Bernardino and San Jacinto valleys, resulting in reduced habitat patch 
size and increased distances between patches of suitable habitat. As 
noted by Andren (1994) in a discussion of highly fragmented landscapes, 
reduced habitat patch size and isolation exacerbate the effects of 
habitat loss on a species' persistence (i.e., the loss of species, or 
decline in population size, will be greater than expected from habitat 
loss alone) and may preclude recolonization of suitable habitat 
following local extinction.
    The loss of native vertebrates, including rodents, due to habitat 
fragmentation is well documented (Soule et al. 1992, Andren 1994, 
Bolger et al. 1997). Results of habitat fragmentation on rodents may 
include increased extinction rates due to increased vulnerability to 
random demographic (population characteristics such as age and sex 
structure) and environmental events (Hanski 1994, Bolger et al. 1997). 
For example, isolated populations are more susceptible to local 
extinction by manmade or natural events, such as disease or floods, 
than are larger, more connected populations. Furthermore, small 
populations are more likely to experience detrimental effects 
associated with reproduction, including genetic drift, inbreeding 
depression, and a loss of genetic variability; factors that increase 
the risk of extinction (Caughley 1994, Lacy 1997). Past and ongoing 
causes of fragmentation of San Bernardino kangaroo rat habitat include 
conversion of lands to urban, industrial, agricultural, and 
recreational uses; construction of roads and freeways; and development 
of flood control structures such as dams, levees, and channels. The 
effect of these human-caused disturbances is two-fold--(1) they reduce 
the amount of suitable habitat for the San Bernardino kangaroo rat, 
breaking large areas into smaller patches, and (2) they act as barriers 
to movement between the remaining suitable habitat patches.
    San Bernardino kangaroo rats are typically found on alluvial fans 
(relatively flat or gently sloping masses of loose rock, gravel, and 
sand deposited by a stream as it flows into a valley or upon a plain), 
flood plains, along washes, in adjacent upland areas containing 
appropriate physical and vegetative characteristics (McKernan 1997), 
and in areas with historic braided channels (McKernan in litt. 1999). 
These areas consist of sand, loam, sandy loam, or gravelly soils 
(McKernan 1993, Braden and McKernan 2000) that are associated with 
alluvial processes (i.e., the deposition of clay, silt, sand, gravel, 
or similar material by running water such as rivers and streams; debris 
flows). San Bernardino kangaroo rats also occupy areas where sandy 
soils are at least partially deposited by winds (e.g., northwest of the 
Jurupa Hills) (McKernan 1997). These soils allow kangaroo rats to dig 
simple, shallow burrow systems (McKernan 1997) and typically support 
alluvial sage scrub and chaparral vegetation.
    Alluvial sage scrub has been described as a variant of coastal sage 
scrub (Smith 1980) and is also referred to as Riversidean alluvial fan 
scrub, alluvial fan sage scrub, cismontane alluvial scrub, alluvial fan 
scrub, or by Holland (1986) as Riversidian Alluvial Fan Sage Scrub. 
Alluvial scrub is considered a distinct and rare plant community found 
primarily on alluvial fans and flood plains along the southern bases of 
the Transverse Ranges and portions of the Peninsular Ranges in southern 
California (CNDDB 1993). This relatively open vegetation type is 
adapted to periodic flooding and erosion (Hanes et al. 1989) and is 
comprised of an assortment of drought-deciduous shrubs and larger 
evergreen woody shrubs characteristic of both coastal sage scrub and 
chaparral communities (Smith 1980).
    Three phases of alluvial sage scrub have been described: pioneer, 
intermediate, and mature. The phases are thought to correspond to 
factors such as flood scour, distance from flood channel, time since 
last catastrophic flood, and substrate features (Smith 1980, Hanes et 
al. 1989). Under natural conditions, flood waters periodically break 
out of the main river channel in a complex pattern, resulting in a 
braided appearance to the flood plain and a mosaic of vegetation 
stages. Pioneer sage scrub, the earliest phase, is subject to frequent 
hydrological disturbance, the sparse vegetation usually renewed by 
frequent floods (Smith 1980, Hanes et al. 1989). The intermediate 
phase, which typically is found on benches between the active channel 
and mature flood plain terraces, is subject to periodic flooding at 
longer intervals. The vegetation of early and intermediate stages is 
relatively open, and supports the highest densities of the San 
Bernardino kangaroo rat (McKernan 1997).
    The latest, or mature, phase of alluvial sage scrub is rarely 
affected by flooding and supports the highest plant density (Smith 
1980). The mature terraces and upland areas adjacent to them supporting 
the oldest phase of sage scrub provide an important refugia for San 
Bernardino kangaroo rats during flood events. Although mature areas are 
generally used less frequently or occupied at lower densities than 
those

[[Page 77180]]

supporting earlier phases, these areas are critical to the long-term 
survival of the species (i.e., prevent extinction) by providing a 
source population for re-colonization following catastrophic flooding 
events in which kangaroo rats inhabiting lower areas of the flood plain 
drown (McKernan, pers. comm. 2000).
    Alluvial scrub vegetation includes plant species that are often 
associated with coastal sage scrub, chaparral, or desert transition 
communities. Common plant species include: Scalebroom (Lepidospartum 
squamatum), California buckwheat (Eriogonum fasciculatum), wooly yerba 
santa (Eriodictyon crassifolium), hairy yerba santa (Eriodictyon 
trichocalyx), our Lord's candle (Yucca whipplei), sugar bush (Rhus 
ovata), lemonadeberry (Rhus integrifolia), laurel sumac (Malosma 
laurina), California juniper (Juniperus californicus), mulefat 
(Baccharis salicifolia), showy penstemon (Penstemon spectabilis), 
golden aster (Heterotheca villosa), tall buckwheat (Eriogonum 
elongatum), brittle bush (Encelia farinosa), prickly pear and cholla 
(Opuntia spp.), chamise (Adenostoma fasciculatum), holly-leaf cherry 
(Prunus ilicifolia), oaks (Quercus spp.), white sage (Salvia apiana), 
and annual forbs (e.g., phacelia (Phacelia spp.), lupine (Lupinus 
spp.), and popcorn flower (Plagiobothrys spp.)), and native and 
nonnative grasses.
    Similar to other subspecies of Merriam's kangaroo rat, the San 
Bernardino kangaroo rat prefers moderately open habitats characterized 
by low shrub canopy cover (McKernan 1997). However, the species uses 
areas of denser vegetation (Braden and McKernan 2000), and McKernan 
(pers. comm. 2000) stated that such areas are essential to San 
Bernardino kangaroo rat conservation. Research conducted by Braden and 
McKernan (2000) during 1998 and 1999 demonstrated that areas with late 
phases of the flood plain vegetation, such as mature alluvial fan sage 
scrub and associated coastal sage scrub and chaparral, including some 
areas of moderate to dense vegetation such as nonnative grasslands, are 
at least periodically occupied by the species.
    A study of San Bernardino kangaroo rats conducted by Braden and 
McKernan (2000) provided additional new, specific data about the 
species' habitat characteristics. Braden and McKernan determined: (1) 
Perennial cover varies from 0 to 100 percent, (2) annual cover 
(primarily nonnative grasses) varies from 0 to 70 percent, (3) the 
proportion of surface fine sands varies from 0 to 100 percent, (4) 
surface cover of small rock fragments varies from 0 to 90 percent, and 
(5) surface cover of large rock fragments varies from 0 to 51 percent. 
The San Bernardino kangaroo rat has also been documented in areas of 
human disturbance not typically associated with the species, including 
nonnative grasslands separating tracts of suitable habitat, margins of 
orchards and out-of-use vineyards (as far as 50 m (150 feet) from 
adjacent, suitable sage scrub), and areas of wildland/urban interface 
within flood plains or terraces and adjacent to occupied habitat 
(McKernan, in litt. 2000).
    Areas that contain low densities of San Bernardino kangaroo rats 
are important for dispersal, genetic exchange, colonization of newly 
suitable habitat, and re-colonization of areas after severe storm 
events. The dynamic nature of the fluvial (river) habitat leads to a 
situation where not all the habitat associated with alluvial processes 
is suitable for the species at any point in time. However, areas 
generally considered unsuitable habitat, such as out-of-production 
vineyards and margins of orchards, can and do develop into suitable 
habitat for the species by natural processes (McKernan, pers. comm. 
2000).
    Little is known about home range size, dispersal distances, or 
other spatial requirements of the San Bernardino kangaroo rat. However, 
home ranges for the Merriam's kangaroo rat in the Palm Springs, 
California, area average 0.33 ha (0.8 ac) for males and 0.31 ha (0.8 
ac) for females (Behrends et al. 1986). Furthermore, Blair (1943) 
reported much larger home ranges for Merriam's kangaroo rats in New 
Mexico, where home ranges averaged 1.7 ha (4.1 ac) for males and 1.6 ha 
(3.8 ac) for females. Space requirements for the San Bernardino 
kangaroo rat likely vary according to season, age and sex of animal, 
food availability, and other factors. Although outlying areas of their 
home ranges may overlap, Dipodomys adults actively defend small core 
areas near their burrows (Jones 1993). Home range overlap between males 
and between males and females is extensive, but female-female overlap 
is slight (Jones 1993). The degree of competition between San 
Bernardino kangaroo rats and sympatric (living in the same geographical 
area) species of kangaroo rats for food and other resources is not 
presently known.
    Similar to other kangaroo rats, the Merriam's kangaroo rat is 
generally granivorous (feeds on seeds and grains) and often stores 
large quantities of seeds in surface caches (Reichman and Price 1993). 
Green vegetation and insects are also important seasonal food sources. 
Insects, when available, have been documented to constitute as much as 
50 percent of a kangaroo rat's diet (Reichman and Price 1993).
    Wilson et al. (1985) reported that compared to other rodents, 
Merriam's kangaroo rat, and heteromyids in general, have relatively low 
reproductive output. Rainfall and the availability of food have been 
cited as factors affecting kangaroo rat populations. Droughts lasting 
more than a year can cause rapid declines in population numbers after 
seed caches are depleted (Goldingay et al. 1997).
    Little information exists on the specific types and local 
abundances of predators that feed on the San Bernardino kangaroo rat. 
Potential native predators include the common barn owl (Tyto alba), 
great horned owl (Bubo virginianus), long-eared owl (Asio otus), gray 
fox, (Urocyon cinereoargenteus), coyote (Canis latrans), long-tailed 
weasel (Mustela frenata), bobcat (Felis rufus), badger (Taxidea taxus), 
San Diego gopher snake (Pituophis melanoleucus annectens), California 
king snake (Lampropeltis getulus californiae), red diamond rattlesnake 
(Crotalus ruber), and southern Pacific rattlesnake (Crotalus viridus). 
Domestic cats (Felis cattus) are known to be predators of native 
rodents (Hubbs 1951, George 1974) and have the ability to reduce 
population sizes of rodents (Crooks and Soule 1999). Predation of San 
Bernardino kangaroo rats by domestic cats has been documented 
(McKernan, pers. comm., 1994). Continued fragmentation of habitat is 
likely to promote higher levels of predation by native animals (Bolger 
et al. 1997) and urban-associated animals (e.g., domestic cats, 
opossums (Didelphis virginianus), and striped skunks (Mephitis 
mephitis)) as the interface between natural habitat and urban areas is 
increased (Churcher and Lawton 1987).
    A limited amount of data exists pertaining to population dynamics 
of the San Bernardino kangaroo rat. Information is not currently 
available on several aspects of the species' life history such as 
fecundity (the capacity of an organism to produce offspring), survival, 
population age and sex structure, intra- and interspecific competition, 
and causes and rates of mortality. With respect to population density, 
Braden and McKernan (2000) documented substantial annual variation on a 
trapping grid in San Bernardino County, where densities ranged from 2 
to 26 animals per hectare (2.47 acre). The reasons for these greatly 
disparate values, which represent the lowest and the second highest

[[Page 77181]]

population densities recorded during the 15-month study, are unknown. 
These fluctuations bring to light several important aspects of the 
species' distribution and life history which should be considered when 
identifying areas essential for the conservation of the species--(1) A 
low population density observed in an area at one point in time does 
not mean the area is occupied at the same low density any other month, 
season, or year; (2) a low population density is not an indicator of 
low habitat quality or low overall value of the land for the 
conservation of the species; (3) an abundance of San Bernardino 
kangaroo rats can decrease rapidly; and (4) one or more factors (e.g., 
food availability, fecundity, disease, predation, genetics, 
environment) are strongly influencing the species' population dynamics 
in one or more areas. High-amplitude, high-frequency fluctuations in 
small, isolated populations make them extremely susceptible to local 
extinction.

Previous Federal Action

    The San Bernardino kangaroo rat was designated by the Service as a 
category 2 candidate species for Federal listing as endangered or 
threatened in 1991 (56 FR 58804). Category 2 comprised taxa for which 
information in the possession of the Service indicated that proposing 
to list as endangered or threatened was possibly appropriate, but for 
which data on biological vulnerability and threat(s) were not available 
to support a proposed rule. Based on a review of status and 
distribution of the San Bernardino kangaroo rat, the subspecies was 
upgraded to a category 1 candidate for listing in 1994 (59 FR 58982). 
Category 1 candidate species were those species for which the Service 
had sufficient information on biological vulnerability and threat(s) to 
support proposals to list them as endangered or threatened species. 
Upon publication of the February 28, 1996, Notice of Review (61 FR 
7596), the Service ceased using category designations and included the 
San Bernardino kangaroo rat as a candidate species. The San Bernardino 
kangaroo rat was retained as a candidate species in the September 19, 
1997, Notice of Review (62 FR 49401).
    The San Bernardino kangaroo rat was emergency listed as endangered 
on January 27, 1998; concurrently, a proposal to make provisions of the 
emergency listing permanent also was published (63 FR 3835 and 63 FR 
3877). On September 24, 1998, we published a final rule determining the 
San Bernardino kangaroo rat to be an endangered species (63 FR 51005).
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
a species is designated to be endangered or threatened. According to 
regulations (50 CFR 424.12(a)(1)), designation of critical habitat is 
not prudent when one or both of the following situations exist: (1) The 
species is threatened by taking or other human activity, and 
identification of critical habitat can be expected to increase the 
degree of threat to the species, or (2) such designation of critical 
habitat would not be beneficial to the species.
    Critical habitat designation for the San Bernardino kangaroo rat 
was determined not to be prudent at the time of listing because an 
increase in the degree of threat could result (63 FR 51005). As 
detailed in the emergency rule listing the San Bernardino kangaroo rat 
(63 FR 3840), threats of intentional habitat vandalism or destruction 
(such as disking or blading) directed specifically at habitat for the 
San Bernardino kangaroo rat were documented. As indicated in the final 
listing rule (63 FR 51005), intentional destruction of areas occupied 
by the San Bernardino kangaroo rat and other listed species occurred 
frequently within range of the species. We determined that designation 
of critical habitat, including the publication of maps providing 
precise locations, would bring unnecessary attention to those areas of 
the range that are occupied by this species and would encourage acts of 
vandalism or intentional destruction of habitat. Moreover, the Service 
determined that the designation of critical habitat for the San 
Bernardino kangaroo rat was not prudent due to the lack of benefit to 
the species.
    On March 4, 1999, the Southwest Center for Biological Diversity and 
Christians Caring for Creation filed a lawsuit in Northern District of 
California Federal Court against the Service and Secretary of the 
Department of the Interior for failure to designate critical habitat 
for the San Bernardino kangaroo rat and six other federally listed 
species. A settlement agreement was entered into on November 3, 1999, 
in which we would publish a proposal to withdraw the existing ``not 
prudent'' critical habitat determination and make a new prudency 
determination. If designation of critical habitat for the San 
Bernardino kangaroo rat was determined to be prudent, we would publish 
a proposed rule critical habitat designation by December 1, 2000.
    In the last few years, a series of court decisions have overturned 
Service determinations regarding a variety of species that designation 
of critical habitat would not be prudent (e.g., Natural Resources 
Defense Council v. U.S. Department of the Interior 113 F. 3d 1121 (9th 
Cir. 1997); Conservation Council for Hawaii v. Babbitt, 2 F. Supp. 2d 
1280 (D. Hawaii 1998)). Based on the standards applied in those 
judicial opinions, we believe that designation of critical habitat 
would be prudent for the San Bernardino kangaroo rat.
    Due to the small number of populations, the San Bernardino kangaroo 
rat is vulnerable to vandalism, or other disturbance. As we indicated 
in the final rule (63 FR 51005), we are concerned that these threats 
might be exacerbated by the publication of critical habitat maps and 
further dissemination of locational information. However, at this time, 
we do not have site-specific evidence throughout its range documenting 
the taking, vandalism, collection, or trade of the species. 
Consequently, consistent with applicable regulations (50 CFR 
424.12(a)(1)(i)) and recent case law, we do not expect that the 
identification of critical habitat will substantially increase the 
degree of threat to this species of taking or other human activity.
    In the absence of a finding that critical habitat would increase 
threats to a species, if there are any benefits to critical habitat 
designation, then a prudent finding is warranted. In the case of this 
species, some benefits may exist to the designation of critical 
habitat. The primary regulatory effect of critical habitat is the 
section 7 requirement that Federal agencies refrain from taking any 
action that destroys or adversely modifies critical habitat. While a 
critical habitat designation for occupied habitat by this species 
likely would not change the section 7 consultation outcome because an 
action that destroys or adversely modifies such critical habitat likely 
would also result in jeopardy to the species, section 7 consultation 
may be triggered in a few instances where critical habitat has been 
designated. Examples could include currently unoccupied habitat that 
may become occupied in the future or areas that have not been 
thoroughly surveyed. Moreover, we acknowledged in the final rule (63 FR 
51005) that critical habitat designation, in some situations, may 
provide limited value to a species by identifying areas important for 
the conservation of the species and calling attention to those areas in 
special need of protection. Designating critical

[[Page 77182]]

habitat may also convey some educational or informational benefits to 
the species. Therefore, we propose that critical habitat is prudent for 
the San Bernardino kangaroo rat.

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 a 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 or a threatened species to the point 
at which listing under the Act is no longer necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat 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 destruction or adverse 
modification of proposed critical habitat. In regulations at 50 CFR 
402.02, we define destruction or adverse modification as ``* * * the 
direct or indirect alteration that appreciably diminishes the value of 
critical habitat for both the survival and recovery of a listed 
species. Such alterations include, but are not limited to, alterations 
adversely modifying any of those physical or biological features that 
were the basis for determining the habitat to be critical.'' Aside from 
the added protection that may be provided under section 7, the Act does 
not provide other forms of protection to lands designated as critical 
habitat. Because consultation under section 7 of the Act does not apply 
to activities on private or other non-Federal lands that do not involve 
a Federal nexus, critical habitat designation would not result in any 
regulatory requirements for these actions.
    The designation of critical habitat does not, in itself, lead to 
the recovery of a listed species. The designation of critical habitat 
does not create a management plan, establish a preserve, reserve, or 
wilderness area where no actions are allowed, it does not establish 
numerical population goals, prescribe specific management actions 
(inside or outside of critical habitat), or directly affect areas not 
designated as critical habitat.
    In accordance with section 3(5)(C) of the Act, not all areas that 
can be occupied by a species will be designated critical habitat. Not 
all areas containing one or more of the primary constituent elements 
are necessarily essential to the conservation of a threatened or 
endangered species. Areas that may contain one or more of the primary 
constituent elements to support the life cycle requirements of the San 
Bernardino kangaroo rat, but which are not included in proposed 
critical habitat, would be considered under other parts of the Act and/
or other conservation laws and regulations.
    In order to be included in a critical habitat designation, the 
habitat must first be ``essential to the conservation of the species.'' 
Critical habitat designations identify, to the extent known, and using 
the best scientific and commercial data available, habitat areas that 
provide essential life cycle needs of the species (i.e., areas on which 
are found the primary constituent elements, as defined at 50 CFR 
424.12(b)).
    Section 4 of the Act requires that we designate critical habitat at 
the time of listing and based on what we know at the time of the 
designation. When we designate critical habitat at the time of listing 
or under court-ordered deadlines, we often may not have sufficient 
information to identify all areas of critical habitat. We are required, 
nevertheless, to make a decision and thus must base our designations on 
what, at the time of designation, we know to be critical habitat.
    Within the geographic area occupied by the species, we are 
proposing for designation only areas currently known to be essential. 
Essential areas already contain the features and habitat 
characteristics that are necessary to sustain the species. Within the 
geographic area occupied by the species, we are not proposing to 
designate areas that do not now have the primary constituent elements 
that provide essential life-cycle requisites of the species, as defined 
at 50 CFR 424.12(b). Moreover, certain known populations of the San 
Bernardino kangaroo rat have not been proposed as critical habitat. We 
did not propose critical habitat for small scattered populations or 
habitats which were in areas that were highly fragmented by urban and 
agricultural development and/or were no longer subject to hydrological 
and geomorphological processes that would naturally maintain alluvial 
scrub vegetation. The areas proposed as critical habitat are an 
expansion of the known locations of the San Bernardino kangaroo rat 
identified in the final listing rule and are within the known 
geographical area for this species.
    Our regulations state that, ``The Secretary shall designate as 
critical habitat areas outside the geographic area presently occupied 
by the species only when a designation limited to its present range 
would be inadequate to ensure the conservation of the species.'' (50 
CFR 424.12(e)). Based on the best available scientific and commercial 
data, there is no foundation upon which to make a determination that 
the conservation needs of the species require designation of critical 
habitat outside of occupied areas, so we have not proposed to designate 
critical habitat in areas outside the geographic area occupied by the 
species.
    The Service's Policy on Information Standards Under the Endangered 
Species Act, published in the Federal Register on July 1, 1994 (59 FR 
34271), provides criteria, establishes procedures, and provides 
guidance to ensure that decisions made by the Service represent the 
best scientific and commercial data available. This policy requires 
Service biologists, to the extent consistent with the Act and with the 
use of the best scientific and commercial data available, to use 
primary and original sources of information as the basis for 
recommendations to designate critical habitat. When determining which 
areas are critical habitat, a primary source of information should be 
the listing package for the species. Additional information may be 
obtained from a recovery plan, articles in peer-reviewed journals, 
conservation plans developed by states and counties, scientific status 
surveys and studies, and biological assessments or other unpublished 
materials (i.e., gray literature).
    Habitat is often dynamic, and species may move from one area to 
another over time. Furthermore, we recognize that any designation of 
critical habitat may not include all of the habitat areas that may 
eventually be determined to be necessary for the recovery of the 
species. For these reasons, it is important to understand that critical 
habitat designations do not signal that habitat outside the designation 
is unimportant or may not be required for recovery. Areas outside the 
critical habitat designation will continue to be subject to 
conservation actions that may be implemented under section 7(a)(1) and 
to the regulatory protections afforded by the section 7(a)(2) jeopardy 
standard and the section 9 take prohibition, as determined on the basis 
of the best available information at the

[[Page 77183]]

time of the action. We specifically anticipate that federally funded or 
assisted projects affecting listed species outside their designated 
critical habitat units may still result in jeopardy findings in some 
cases. Similarly, critical habitat designations made on the basis of 
the best available information at the time of designation will not 
control the direction and substance of future recovery plans, habitat 
conservation plans, or other species conservation planning efforts if 
new information available to these planning efforts calls for a 
different outcome.

Methods

    In determining areas that are essential to conserve the San 
Bernardino kangaroo rat, we used the best scientific and commercial 
data available. These data included research and survey observations 
published in peer reviewed articles; regional Geographic Information 
System (GIS) coverages; San Bernardino County Multiple Species Habitat 
Conservation Program (MSHCP) database; the University of California, 
Riverside, species database; and data from reports submitted by 
biologists holding section 10(a)(1)(A) recovery permits.
    Habitat loss and fragmentation resulted in blocks of habitat 
occupied by the San Bernardino kangaroo rat that functioned 
independently. Lands that support the remaining, including remnant, 
populations are essential to the conservation of the species. The 
protection of land supporting the three largest remaining populations 
of the San Bernardino kangaroo rat is not, by itself, sufficient to 
ensure the survival and recovery of the species because the status of 
these populations continues to be reduced by habitat loss, degradation, 
and fragmentation due to sand and gravel mining operations, flood 
control projects, water conservation activities, urban development, and 
vandalism. Furthermore, the majority of animals in these populations is 
constrained to the flood plains where they are susceptible to 
extirpation during large-scale flood events.

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 base critical habitat determinations on the 
best scientific and commercial data available and to consider those 
physical and biological features that are essential to the conservation 
of the species and that may require special management considerations 
and protection. These physical and biological features, as outlined in 
50 CFR 424.12, include but are not limited to the following:

--Space for individual and population growth, and for normal behavior;
--Food, water, or other nutritional or physiological requirements;
--Cover or shelter;
--Sites for breeding, reproduction, or rearing of offspring;
--Habitats that are protected from disturbance or are representative of 
the historical geographical and ecological distributions of a species.

    The primary constituent elements for the San Bernardino kangaroo 
rat are those habitat components that are essential for the primary 
biological needs of foraging, reproducing, rearing of young, intra-
specific communication, dispersal, genetic exchange, or sheltering. The 
primary constituent elements are found in areas influenced by historic 
and/or current geomorphological and hydrological processes and areas of 
wind-blown sand that support alluvial sage scrub vegetation or a mosaic 
of alluvial sage scrub and associated vegetation types (e.g., coastal 
sage scrub, chaparral) within San Bernardino and Riverside counties. 
Primary constituent elements associated with the biological needs of 
dispersal are also found in areas that provide connectivity or linkage 
between or within larger core areas, including open space and disturbed 
areas containing introduced plant species.
    Primary constituent elements include:
    (1) Dynamic geomorphological and hydrological processes typical of 
fluvial systems within the historical range of the animal, i.e., areas 
that are within active and historical flood regimes including river, 
creek, stream, and wash channels; alluvial fans; flood plains; flood-
control berms and lands adjacent to them; flood plain benches and 
terraces; and historic braided channels;
    (2) Historical and current alluvial processes within the historical 
range of the animal;
    (3) Alluvial sage scrub and associated vegetation, such as coastal 
sage scrub and chamise chaparral. Common plant species include: 
Scalebroom (Lepidospartum squamatum), California buckwheat (Eriogonum 
fasciculatum), yerba santa (Eriodictyon spp., our Lord's candle (Yucca 
whipplei), sugar bush (Rhus ovata), lemonadeberry (Rhus integrifolia), 
laurel sumac (Malosma laurina), California juniper (Juniperus 
californicus), mulefat (Baccharis salicifolia), showy penstemon 
(Penstemon spectabilis), golden aster (Heterotheca villosa), tall 
buckwheat (Eriogonum elongatum), prickly pear and cholla (Opuntia 
spp.), chamise (Adenostoma fasciculatum), popcorn flower (Plagiobothrys 
spp.), and native and nonnative grasses.
    (4) Sand, loam, or sandy loam soils within the historical range of 
the animal;
    (5) Upland areas that may provide refugia from environmental or 
demographic stochastic and catastrophic events; and,
    (6) Moderate to low degree of human disturbance to habitat within 
the species' historical range, i.e., lands within or immediately 
adjacent to flood plain terraces that have suitable habitat for the 
species and areas within 50 m (150 ft) of currently suitable San 
Bernardino kangaroo rat habitat, such as agricultural lands that are 
not disked annually, out-of-production vineyards, margins of orchards, 
areas of active or inactive industrial or resource extraction 
activities, and urban/wildland interfaces.

Criteria Used To Identify Critical Habitat

    In identifying areas essential to the conservation of the species, 
we used data regarding the habitat elements essential to the species, 
including vegetation types, hydrology, elevation, topography, and soil 
type and texture. We identified suitable and necessary habitat 
components within the species' current and historic range, and examined 
the degree of existing urbanization and other forms of anthropogenic 
habitat disturbance, excluding those areas in which development has 
permanently precluded occupation by the species.
    To identify critical habitat units, we first evaluated those lands 
containing essential habitat to determine if these lands were covered 
by any HCPs or other special management plans that provided protection 
and management for the San Bernardino kangaroo rat. We determined that 
none of these lands are covered by an approved HCP or other special 
management plan covering the San Bernardino kangaroo rat. We then 
evaluated those areas where ongoing habitat conservation planning 
efforts have resulted in the preparation of biological analyses that 
identify habitat important for the conservation of the San Bernardino 
kangaroo rat. These include the proposed Western Riverside County MSHCP 
and the proposed San Bernardino Valley-Wide MSHCP. We used those 
biological analyses in concert with data regarding (1) known San 
Bernardino kangaroo rat occurrences, (2) alluvial fan sage scrub and 
associated vegetation, (3) geomorphology, and (4) connectivity

[[Page 77184]]

corridors between San Bernardino kangaroo rat populations to identify 
those lands that are essential for the conservation of the species 
within the respective planning area boundaries. Finally, we evaluated 
other lands for their conservation value for the San Bernardino 
kangaroo rat. Using similar methodology and data, we delimited a study 
area by selecting geographic boundaries based on the four factors 
described above. We determined conservation value based on the presence 
of, or proximity to, extant San Bernardino kangaroo rat populations 
and/or alluvial fan sage scrub and associated vegetation, surrounding 
land-uses, and the potential to allow dispersal of the species between 
occupied areas.
    Proposed critical habitat for the San Bernardino kangaroo rat was 
delineated based on interpretation of the multiple sources available 
during the preparation of this proposed rule, including aerial 
photography at a scale of 1:24,000 (comparable to the scale of a 7.5 
minute U.S. Geological Survey Quadrangle topographic map), current 
(2000) aerial photography prints, and projects authorized for take 
through section 7 consultations. These lands were divided into specific 
map units, i.e., critical habitat units. For the purpose of this 
proposal, these units have been described using primarily UTM North 
American Datum of 1927 (NAD 27) derived from a 1-ha (2.47-ac) grid that 
approximated the boundaries delineated from the digital aerial 
photography.
    In defining critical habitat boundaries, we made an effort to avoid 
development, such as urbanized areas (e.g., cities) and similar lands 
that are not critical habitat. However, the minimum mapping unit that 
we used to approximate our delineation of critical habitat for the San 
Bernardino kangaroo rat did not allow us to exclude all developed areas 
not likely to contain the primary constituent elements essential for 
conservation of the San Bernardino kangaroo rat. Existing features and 
structures within the boundaries of the mapped units, such as 
buildings, roads, railroads, airports, other paved areas, lawns, and 
other urban landscaped areas will not contain one or more of the 
primary constituent elements. Therefore, Federal actions limited to 
those areas would not trigger a section 7 consultation unless they 
affect the species and/or primary constituent elements in adjacent 
critical habitat. In summary, the critical habitat areas described 
below constitute our best assessment of areas needed for the long-term 
survival and conservation of the species.
    We considered several qualitative criteria in the selection and 
proposal of specific areas, or units, for San Bernardino kangaroo rat 
critical habitat, including:
    (1) Occupation by the San Bernardino kangaroo rat. We identified 
six areas that support populations of the San Bernardino kangaroo rat 
that we consider essential to the conservation of this species. Not all 
known populations of the San Bernardino kangaroo rat or suitable 
habitats have been proposed as critical habitat. The probability that 
all or most of the remaining occurrences of an endangered species will 
be lost to environmental or demographic stochasticity increases as the 
number of populations within the range of the species decreases. Only 
six relatively small and isolated populations remain; three (i.e., 
Etiwanda, Reche Canyon, and Jurupa Hills) of which are so limited in 
abundance and distribution that extirpation is reasonably certain 
without immediate protection and conservation. Small, isolated 
populations have a high probability of extinction because they are 
susceptible to stochastic (i.e., random, naturally occurring) events 
such as inbreeding, the loss of genetic variation, high variability in 
age and sex ratios, and catastrophes such as floods, droughts, or 
disease epidemics (Lande 1988, Saccheri et al. 1998), and isolation 
precludes immigration and/or re-colonization. These populations 
continue to be reduced by habitat loss, degradation, and fragmentation 
owing to sand and gravel mining operations, flood control projects, 
water conservation activities, urban development, and vandalism. 
Furthermore, the majority of animals in these populations occur in the 
flood plains that are highly susceptible to extirpation during large-
scale flood events. As a result, areas proposed as critical habitat for 
the San Bernardino kangaroo rat must be protected and managed to 
increase the probability that environmental or demographic 
stochasticity will not result in the extinction of the species.
    (2) The state of natural processes that rejuvenate and maintain 
suitable habitat. Normal periodic flooding scours the terrain, removes 
vegetation, and deposits debris and soil (e.g., sand) to regenerate 
favorable conditions. Because the species appears to be adapted to more 
open habitat types (e.g., higher population densities in open- versus 
closed-canopy shrub communities), the more open state promoted by 
periodic flooding is essential for the conservation of this animal.
    (3) The presence of lands that function as upland refugia. The 
majority of the remaining populations of San Bernardino kangaroo rats 
are constrained to flood plains, where they are susceptible to 
extirpation during large-scale flood events. Occupied upland refugia 
areas may act as population sources for natural re-colonization, 
thereby decreasing the probability of extinction of the species.
    (4) The proximity of the area to large tracts of undeveloped land 
that are important for population expansion, upland refugia, 
connectivity, providing buffers from development, perpetuation of 
ecosystem processes, and maintenance of a dynamic mosaic of vegetation. 
In addition, large tracts of land that allow for the existence of 
naturally functioning ecosystems with an array of native predators 
decrease the probability of predation by urban-associated animals such 
as domestic cats, which are known predators of the San Bernardino 
kangaroo rat.

Proposed Critical Habitat Designation

    The approximate area encompassing proposed critical habitat by 
county and land ownership is shown in Table 1. Proposed critical 
habitat encompasses habitat throughout the species' remaining range in 
Riverside and San Bernardino counties, California. Lands proposed are 
under Tribal, private, State, and Federal ownership, with Federal lands 
including lands managed by the U.S. Forest Service, Bureau of Land 
Management, and Department of Defense. Six critical habitat units have 
been delineated. At the time of listing, we identified the Santa Ana 
River, Lytle and Cajon washes, and San Jacinto River as containing the 
largest extant concentrations of San Bernardino kangaroo rats and 
blocks of suitable habitat. These three areas continue to support 
important concentrations San Bernardino kangaroo rat and are the major 
strongholds of this species within its geographical range. A brief 
description of each unit, and reasons for proposing it as critical 
habitat, are presented below.

[[Page 77185]]



  Table 1.--Approximate Proposed Critical Habitat Area (ha (ac)) by County and Land Ownership--Estimates Reflect the Total Area Within Critical Habitat
                                                                     Unit Boundaries
--------------------------------------------------------------------------------------------------------------------------------------------------------
              County                      Federal *             Local/state              Private                 Tribal                   Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
San Bernardino....................  1,501 ha.............  0 ha.................  16,690 ha............  0 ha.................  18,191 ha.
                                    (3,710 ac)...........  (0 ac)...............  (41,241 ac)..........  (0 ac)...............  (44,951 ac).
Riverside.........................  223 ha...............  0.8 ha...............  3,543 ha.............  465 ha...............  4,232 ha.
                                    (550 ac).............  (2 ac)...............  (8,756 ac)...........  (1,149 ac)...........  (10,457 ac).
                                   ---------------------------------------------------------------------------------------------------------------------
    Total.........................  1,724 ha.............  0.8 ha...............  20,233 ha............  465 ha...............  22,423 ha.
                                    (4,260 ac)...........  (2 ac)...............  (49,997 ac)..........  (1,149 ac)...........  (55,408 ac).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Federal lands include Bureau of Land Management, Department of Defense, and National Forest.

Critical Habitat Unit 1: Santa Ana River

    The area proposed for critical habitat within the Santa Ana River 
watershed is 4,886 ha (12,074 ac). At the time of the final rule, we 
identified approximately 2,813 ha (6,949 ac) of suitable and occupied 
San Bernardino kangaroo rat habitat within the Santa Ana River flood 
plain. Braden and McKernan (2000) provided new information about the 
range and habitat affinities, including alluvial soils and vegetative 
cover, of the San Bernardino kangaroo rat, which indicate that the 
habitat used within the flood plain is larger than previously thought. 
Therefore, we have identified new areas of occupation and lands that 
are essential for maintaining habitat connectivity that were not 
described in the final rule. Unit 1 includes a section of Mill Creek 
(not discussed in the final rule) because of its contribution to the 
fluvial dynamics of the Santa Ana River flood plain, which is 
particularly important since the construction of the Seven Oaks Dam. In 
the final rule, only 8 ha (20 ac) along City Creek were identified as 
occupied. In the proposed critical habitat, Unit 1 encompasses occupied 
habitat along City Creek.
    Unit 1, located in San Bernardino County, includes the Santa Ana 
River and portions of City, Plunge, Mill, and San Timoteo creeks. 
Bounded by Seven Oaks Dam to the northeast, the area includes San 
Bernardino National Forest lands and portions of the cities of San 
Bernardino, Redlands, Highland, and Colton. Although Seven Oaks Dam 
impedes sediment transport and reduces the magnitude, frequency, and 
extent of flood events, the system still retains partial fluvial 
dynamics because contributions from Mill Creek are not impeded by a dam 
or debris basin.
    A large tract of undeveloped land in San Bernardino National Forest 
is partially within and adjacent to the northern and eastern portions 
of this critical habitat unit. In addition, Unit 1 contains upland 
refugia and tributaries (i.e., City, Plunge, and San Timoteo creeks) 
that are occupied by the species, active hydrological channels, flood 
plain terraces, and areas of habitat immediately adjacent to flood 
plain terraces.
    Unit 1 contains the Woolly-Star Preservation Area (WSPA), a section 
of the flood plain downstream of Seven Oaks Dam that was preserved by 
the flood control districts of Orange, Riverside, and San Bernardino 
counties. The WSPA was established in 1988 by the U.S. Army Corps of 
Engineers (Corps) in an attempt to minimize the effects of Seven Oaks 
Dam on the federally endangered Santa Ana River woolly-star (Eriastrum 
densifolium ssp. sanctorum) along the Santa Ana River. Approximately 
309 hectares (764 acres) of alluvial fan scrub in the wash near the 
low-flow channel of the river were designated for preservation as 
mitigation because these sections of the wash were thought to have the 
highest potential to maintain the hydrology necessary for the periodic 
regeneration of early phases of alluvial fan sage scrub. Approximately 
80 ha (200 ac) of the WSPA appear to be habitat for the San Bernardino 
kangaroo rat (Service unpub. GIS maps, 1997).
    We are now coordinating with the Bureau of Land Management, Corps, 
San Bernardino Valley Conservation District, Sun West Materials, 
Robertson's Ready Mix, and other local interests in an attempt to 
establish the Santa Ana River Wash Conservation Area. The objective of 
these discussions is to consolidate a large block of alluvial fan scrub 
occupied by three federally endangered species, the San Bernardino 
kangaroo rat, Santa Ana River woolly-star, and slender-horned 
spineflower (Dodecahema leptoceras); and one federally threatened 
species, the coastal California gnatcatcher (Polioptila californica 
californica). The area is envisioned to include an Area of Critical 
Environmental Concern or ACEC (see below) and the Corps' mitigation 
lands for the Santa Ana River woolly-star (i.e., WSPA). This 
cooperative agreement would reconfigure and consolidate sand and gravel 
mining operations in this unit to reduce adverse effects to these 
listed species and remaining alluvial fan scrub communities.
    In 1994, the Bureau of Land Management designated three parcels in 
the Santa Ana River, a total of 304 ha (760 ac), as an ACEC. The 
primary goal in designation was to protect and enhance the habitat of 
federally listed plant species occurring in the area while providing 
for the administration of existing valid rights. Although the 
establishment of this ACEC was important in regard to conservation of 
sensitive species and communities in this area, the administration of 
valid existing rights conflicts with the Bureau of Land Management's 
conservation abilities. Existing rights include a withdrawal of Federal 
lands for water conservation through an act of Congress on February 20, 
1909 (Public, No. 248). The entire ACEC is included in this withdrawn 
land and may be used for water conservation measures such as the 
construction of percolation basins. These lands are not managed 
specifically for the San Bernardino kangaroo rat.

Critical Habitat Unit 2: Lytle and Cajon Creeks

    Unit 2, which encompasses approximately 3,845 ha (20,621 ac) in San 
Bernardino County and includes the northern extent of this species' 
remaining distribution, contains habitat along and between Lytle and 
Cajon Creeks from the point that the creeks emanate from canyons within 
San Bernardino National Forest to flood control channels downstream. 
Unit 2 includes alluvial fans, flood plain terraces, and historic 
braided river channels. Alluvial sage scrub and other vegetation types 
that provide habitat for San Bernardino kangaroo rat occur on terraces 
and adjacent areas with sandy soils. Unit 2 includes Glen Helen 
Regional Park and portions of Muscoy.
    McKernan (in litt. 1999) provided new information about the 
historic distribution, range, habitat affinities, and evidence of 
historic and current occupation by the San Bernardino

[[Page 77186]]

kangaroo rat in the western portion of this unit. At the time of 
listing, the Lytle-Cajon area was thought to contain approximately 
3,280 ha (8,107 ac) of occupied habitat. Since the time of listing, a 
large historical fluvial breakout zone extending southwest from Lytle 
Creek and including the Etiwanda Fan (see Unit 4) has been recognized 
and data have been collected indicating that the species occupies a 
wider range of alluvial soils and vegetative cover than previously 
known (McKernan in litt. 1999). These areas are essential because of 
the presence of major populations of the species and habitat 
connectivity.
    The hydro-geomorphological processes that apparently rejuvenate and 
maintain the dynamic mosaic of alluvial fan sage scrub are still 
largely intact in Lytle and Cajon Creeks (i.e., stream flows are not 
impeded by dams or debris basins), and the remaining habitat allows 
dispersal between these two drainages, which is important for genetic 
exchange. Unit 2 is adjacent to large tracts of undeveloped land and 
contains upland areas occupied by the species.
    The CalMat conservation bank was established in 1996 and 1997 to 
help conserve populations of 24 species associated with alluvial fan 
scrub, including the Santa Ana River woolly-star, San Bernardino 
kangaroo rat, and coastal California gnatcatcher in the Cajon Creek 
area. This conservation bank comprises approximately 244 ha (610 ac). 
We are working to ensure that lands within this conservation bank are 
purchased by the year 2006, when interim protection under a 10-year 
conservation easement ends. Such a purchase would contribute to the 
protection of more than 560 ha (1400 ac) in this area when combined 
with the CalMat preservation area and mitigation lands for the 
development of the County of San Bernardino Sheriff's training 
facility. These lands could form the nucleus for a larger reserve to 
protect the San Bernardino kangaroo rat and other listed species in 
this area.

Critical Habitat Unit 3: San Jacinto River-Bautista Creek

    Unit 3 encompasses approximately 4,089 ha (10,104 ac) in Riverside 
County and includes portions of San Bernardino National Forest, Soboba 
Reservation, Bautista Creek, and areas along the San Jacinto River in 
the vicinity of San Jacinto, Hemet, and Valle Vista. This unit, which 
represents the southern extent of the known distribution of the 
species, is adjacent to San Bernardino National Forest and contains 
occupied upland refugia.
    The species is primarily restricted to a channelized flood plain, 
but occupies areas outside flood control berms and westward along the 
river into the San Jacinto Valley and foothills of the Badlands. All 
lands within Riverside County proposed for designation as San 
Bernardino kangaroo rat critical habitat are within the planning area 
of the Western Riverside MSHCP.
    At the time of listing, we identified approximately 547 ha (1,352 
ac) of suitable and occupied San Bernardino kangaroo rat habitat within 
the Santa Jacinto River flood plain. Additional areas along the San 
Jacinto River have been identified as essential for the conservation of 
the San Bernardino kangaroo rat based on additional information on 
occupied areas, better understanding of the habitat needs and 
vegetation types, need for habitat connectivity, and maintenance of 
hydrological conditions. New information indicates that the habitat 
occupied within the flood plain by the San Bernardino kangaroo rat is 
larger than previously thought (McKernan, in litt. 1999, Braden and 
McKernan 2000), and includes areas of higher vegetation density. We 
have also received additional information on the distribution of the 
subspecies within the watershed (e.g., Bautista Creek), and are 
including areas essential for maintaining habitat connectivity along 
the flood plain. This additional information further supports the 
identification of this area as a major concentration of San Bernardino 
kangaroo rat in the final listing rule and the importance of this area 
for the long-term conservation for this species.

Critical Habitat Unit 4: Etiwanda Alluvial Fan and Wash

    Unit 4, which encompasses approximately 3,845 ha (9,502 ac), is 
located in western San Bernardino County and represents the approximate 
westernmost extent of the known range of the San Bernardino kangaroo 
rat. Within the northern boundary of the unit are portions of San 
Bernardino National Forest. Unit 4 includes lands within and between 
the active hydrological channels of Deer, Day, Etiwanda, and San 
Sevaine creeks. A large alluvial fan, flood plains, and terraces occur 
throughout the unit. Soils are primarily sandy or sandy loam and 
support alluvial fan sage scrub. Unit 4 includes portions of the cities 
of Rancho Cucamonga, Fontana, Rialto, and Ontario; and the 314-ha (760-
ac) North Etiwanda Preserve.
    McKernan (in litt. 1999) provided new information about the 
historic distribution, range, habitat affinities, and evidence of 
historic and current occupation by the San Bernardino kangaroo rat 
along the western half of the Lytle Creek Fan, including the Etiwanda 
Fan and Wash. The Etiwanda area was thought to contain approximately 2 
ha (5 ac) of occupied habitat for the species at the time of listing. 
Since then, a large historical fluvial breakout zone in southwestern 
San Bernardino County, extending southwest from Lytle Creek and 
including the Etiwanda Fan, has been recognized, research has verified 
occupation, museum specimens that were collected in the area have been 
conclusively identified as the San Bernardino kangaroo rat, and data 
have been collected indicating that the species occupies a wider range 
of alluvial soils and vegetative cover (McKernan in litt. 1999).
    Proposed lands contain a remnant population of the species and 
upland refugia from catastrophic flooding. Neither dams nor debris 
basins exist at the mouths of East Etiwanda and San Sevaine creeks, 
enabling natural fluvial processes to maintain favorable habitat 
conditions on the upper alluvial fan and in other portions of the 
critical habitat unit. McKernan (in litt. 1999) states that areas 
within historic flood regimes (such as western Lytle Creek fan 
including the Etiwanda wash) should be given equal priority as the 
major population areas of the Santa Ana River and Cajon Wash. 
Additional areas along the Etiwanda Alluvial Fan and Wash have been 
identified as essential for the conservation of the San Bernardino 
kangaroo rat based on additional information on occupied areas, better 
understanding of the habitat needs and vegetation types, need for 
habitat connectivity, and maintenance of hydrological conditions.

Critical Habitat Unit 5: Reche Canyon

    Unit 5 encompasses approximately 129 ha (319 ac) in and around 
Reche Canyon in San Bernardino County and is directly south of and 
nearly adjacent to Unit 1. Reche Canyon, the type locality for the San 
Bernardino kangaroo rat (the geographic location from which a type 
specimen was collected), still contains occupied habitat for the 
species, including active waterways, flood plain terraces, and sage 
scrub. In the final rule, we estimated that 2 ha (5 ac) of habitat were 
occupied by the San Bernardino kangaroo rat in this area. The proposed 
critical habitat includes an additional 127 ha (314 ac) of habitat, 
encompassing known occupied areas and additional areas within Reche 
Canyon based on a better understanding of the habitat needs and 
vegetation

[[Page 77187]]

types and maintenance of hydrological conditions needed to sustain 
alluvial scrub vegetation.
    Unit 5 supports a remnant population of the San Bernardino kangaroo 
rat, and contains lands that function as refugia for the species. 
Potential exists for species expansion into the Badlands, which could 
reconnect this population with that of Unit 3 (San Jacinto).

Critical Habitat Unit 6: Jurupa Hills-South Bloomington

    Unit 6 encompasses approximately 1,128 ha (2788 ac), and includes 
the Jurupa Hills and area eastward to and including the south portion 
of the city of Bloomington. The majority of Unit 6 is located in San 
Bernardino County (985 ha (2,435 ac)), with a small portion (143 ha 
(353 ac)) occurring in northern Riverside County.
    In the final rule, we estimated that less than 1 ha (2 ac) of 
habitat in this area was occupied by the San Bernardino kangaroo. Unit 
6 includes an additional 1,127 ha (2,786 ac) of habitat and encompasses 
areas essential for connectivity, which are necessary for dispersal.
    Unit 6 is unique among the critical habitat units for this species, 
containing the last known example of remaining occupied habitat where 
sandy soils appear to be at least partially deposited by winds. In 
addition, the unit is completely outside of a flood plain, making it 
the only critical habitat unit for this species not at risk of 
catastrophic flooding.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a) 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, including the 
Service, 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. 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. If a species is 
listed or critical habitat is designated, section 7(a)(2) requires 
Federal agencies to ensure that activities they authorize, fund, or 
carry out are not likely to jeopardize the continued existence of such 
a species or to destroy or adversely modify its critical habitat. 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 ensure that the permitted actions 
do not adversely modify critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to result in 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 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. 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 the biological opinion when 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)).
    Activities on Federal lands that may affect the San Bernardino 
kangaroo rat or its critical habitat will require section 7 
consultation. Activities on private or State lands requiring a permit 
from a Federal agency, such as a permit from the U.S. Army Corps of 
Engineers (Corps) under section 404 of the Clean Water Act, or some 
other Federal action, including funding (e.g., Federal Highway 
Administration, Federal Aviation Administration, or Federal Emergency 
Management Agency) will also continue to be subject to the section 7 
consultation process. Federal actions not affecting listed species or 
critical habitat and actions on non-Federal lands that are not 
federally funded or permitted do not require section 7 consultation.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe in any proposed or final regulation that designates critical 
habitat those activities involving a Federal action that may 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 an extent 
that the value of critical habitat for both the survival and recovery 
of the San Bernardino kangaroo rat is appreciably reduced. We note that 
such activities may also jeopardize the continued existence of the 
species. Activities that, when carried out, funded, or authorized by a 
Federal agency, may destroy or adversely modify critical habitat 
include, but are not limited to:
    (1) Any activity that results in changes in the hydrology of the 
unit, including activities associated with flood control structures and 
operations; construction of levees, berms, and concrete channels; 
flooding; sediment, sand, or gravel removal, transfer, or deposition; 
grading; excavation; and construction or modification of bridges;
    (2) Any activity that results in development or alteration of the 
landscape within or immediately adjacent to fluvial systems, including 
water diversion, reclamation, and recharge activities; agricultural

[[Page 77188]]

activities; urban and industrial development; water conservation 
activities; off-road activity; and mechanized land clearing or disking;
    (3) Any activity that results in changes to the water quality or 
quantity to an extent that habitat becomes unsuitable to support the 
San Bernardino kangaroo rat;
    (4) Any activity that could lead to the introduction, expansion, or 
increased density of exotic plant or animal species, urban-associated 
domestic animals (e.g., cats), or livestock into San Bernardino 
kangaroo rat habitat;
    (5) Any activity that results in appreciable detrimental changes to 
the density or diversity of plant or animal populations in San 
Bernardino kangaroo rat habitat, such as grubbing, grading, 
overgrazing, mining, disking, off-road vehicle use, or the application 
of herbicides, rodenticides, or other pesticides; and,
    (6) Any activity that could result in an appreciably decreased 
habitat value or quality through indirect effects, such as noise, edge 
effects, night-time lighting, or fragmentation.
    To properly portray the effects of critical habitat designation, we 
must first compare the section 7 requirements for actions that may 
affect critical habitat with the requirements for actions that may 
affect a listed species. Section 7 prohibits actions funded, 
authorized, or carried out by Federal agencies from jeopardizing the 
continued existence of a listed species or destroying or adversely 
modifying the listed species' critical habitat. Actions likely to 
``jeopardize the continued existence'' of a species are those that 
would appreciably reduce the likelihood of the species' survival and 
recovery. Actions likely to ``destroy or adversely modify'' critical 
habitat are those that would appreciably reduce the value of critical 
habitat for the survival and recovery of the listed species.
    Common to both definitions is an appreciable detrimental effect on 
both survival and recovery of a listed species. Given the similarity of 
these definitions, actions likely to destroy or adversely modify 
critical habitat would almost always result in jeopardy to the species 
concerned, particularly when the area of the proposed action is 
occupied by the species concerned. In those cases, critical habitat 
provides little additional protection to a species, and the 
ramifications of its designation are few or none. Designation of 
critical habitat in areas occupied by the San Bernardino kangaroo rat 
is not likely to result in a regulatory burden above that already in 
place due to the presence of the listed species. In addition, the Corps 
requires review of most or all projects requiring permits in all 
fluvial systems, whether San Bernardino kangaroo rats are known to be 
present. If occupied habitat becomes unoccupied in the future, critical 
habitat may provide a limited benefit in such cases.
    Designation of critical habitat could affect Federal agency 
activities. Federal agencies already consult with the Service on 
activities in areas known to be occupied by the species to ensure that 
their actions do not jeopardize the continued existence of the species. 
These actions include, but are not limited to:
    (1) Regulation of activities affecting waters of the United States 
by the Corps under section 404 of the Clean Water Act;
    (2) Road construction and maintenance, right-of-way designation, 
and regulation of agricultural activities;
    (3) Regulation of airport construction and/or improvement 
activities by the Federal Aviation Administration;
    (4) Military activities on applicable DOD lands;
    (5) Licensing of construction of communication sites by the Federal 
Communications Commission;
    (6) Funding of activities by the U.S. Environmental Protection 
Agency, Department of Energy, or any other Federal agency.
    If you have questions regarding whether specific activities will 
likely constitute destruction or adverse modification of critical 
habitat, contact the Field Supervisor, Carlsbad Fish and Wildlife 
Office (see ADDRESSES section). Requests for copies of the regulations 
on listed wildlife, and inquiries about prohibitions and permits may be 
addressed to the Division of Endangered Species, U. S. Fish and 
Wildlife Service, 911 NE 11th Avenue, Portland, Oregon 97232-4181 
(telephone 503-231-6158; facsimile 503-231-6243).

Relationship to Habitat Conservation Plans and Other Planning 
Efforts

    Section 10(a)(1)(B) of the ESA authorizes the Service to issue to 
non-Federal entities a permit for the incidental take of endangered and 
threatened species. This permit allows a non-Federal landowner to 
proceed with an activity that is legal in all other respects, but that 
results in the incidental taking of a listed species. The ESA defines 
incidental take as take that is ``incidental to, and the purpose of, 
the carrying out of an otherwise lawful activity.'' A habitat 
conservation plan, or HCP, must accompany an application for an 
incidental take permit. The purpose of the HCP is to describe and 
ensure that the effects of the permitted action on covered species are 
adequately minimized and mitigated and that the action does not 
appreciably reduce the survival and recovery of the species.
    The State of California instituted a conservation planning program 
parallel to the Federal HCP program. Under the Natural Community 
Conservation Planning Act of 1991, a NCCP is a plan for the 
conservation of natural communities that takes an ecosystem approach 
and encourages cooperation between private and government interests. 
The Service and the California Department of Fish and Game work with 
applicants to develop plans that serve both as an HCP under the Federal 
Endangered Species Act as well as an NCCP under the State's NCCP Act. 
Much like a regional HCP, an NCCP identifies and provides for the 
regional or area-wide protection and perpetuation of plants, animals, 
and their habitats, while allowing compatible land use and economic 
activity. The initial focus of this program is coastal sage scrub. 
Within this program, the California Department of Fish and Game 
included the long-term conservation of alluvial scrub, which is in part 
occupied by the San Bernardino kangaroo rat. However, participation in 
NCCP is voluntary. San Bernardino and Riverside counties have signed 
planning agreements (memoranda of understanding (MOUs)) to develop 
multi-species plans that meet NCCP criteria, but have not enrolled in 
the NCCP program in the interim.
    We are coordinating with the Bureau of Land Management, Corps, San 
Bernardino Valley Conservation District, Sun West Materials, 
Robertson's Ready Mix, and other local interests in an attempt to 
establish the Santa Ana River Wash Conservation Area. The objective of 
these discussions is to consolidate a large block of alluvial fan scrub 
communities occupied by four federally listed species, but as yet, we 
have not completed this process.
    Since there are no approved HCPs/NCCPs with coverage for the San 
Bernardino kangaroo rat or other conservation plans that are currently 
completed, we did not propose to exclude any lands from this critical 
habitat designation on this basis.
    In the event that future HCPs covering the San Bernardino kangaroo 
rat are developed within the boundaries of designated critical habitat, 
we will work with applicants to ensure that the HCPs provide for 
protection and management of habitat areas essential for the 
conservation of the San Bernardino kangaroo rat by either directing 
development and habitat modification

[[Page 77189]]

to nonessential areas or appropriately modifying activities within 
essential habitat areas so that such activities will not adversely 
modify the primary constituent elements. The HCP development process 
provides an opportunity for more intensive data collection and analysis 
regarding the use of particular habitat areas by the San Bernardino 
kangaroo rat. The process also enables us to conduct detailed 
evaluations of the importance of such lands to the long term survival 
of the species in the context of constructing a biologically configured 
system of interlinked habitat blocks.
    We will provide technical assistance and work closely with 
applicants throughout the development of future HCPs to identify lands 
essential for the long-term conservation of the San Bernardino kangaroo 
rat and appropriate management for those lands. The take minimization 
and mitigation measures provided under these HCPs are expected to 
protect the essential habitat lands designated as critical habitat in 
this rule. If an HCP that addresses the San Bernardino kangaroo rat as 
a covered species is ultimately approved, the Service will reassess the 
critical habitat boundaries in light of the HCP. The Service will seek 
to undertake this review when the HCP is approved, but funding 
constraints may influence the timing of such a review.

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 specifying such areas as critical 
habitat. We cannot exclude such areas from critical habitat when such 
exclusion will result in the extinction of the species. We will conduct 
an analysis of the economic impacts of designating these areas as 
critical habitat prior to a final determination. When completed, we 
will announce the availability of the draft economic analysis with a 
notice in the Federal Register, and we will open a comment period at 
that time.

Public Comments Solicited

    We intend for any final action resulting from this proposal to be 
as accurate and as effective as possible. Therefore, we solicit 
comments or suggestions from the public, 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 designation will outweigh any threats to the 
species due to designation;
    (2) Specific information on the amount and distribution of the San 
Bernardino kangaroo rat habitat, and what habitat is essential to the 
conservation of the species and why;
    (3) Land use practices 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 the San Bernardino kangaroo rat, 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).
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any one of several methods.
    1. You may submit written comments and information to the Field 
Supervisor, Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 2730 Loker Avenue West, Carlsbad, California 92008.
    2. You may hand-deliver written comments to our Carlsbad Fish and 
Wildlife Office, U.S. Fish and Wildlife Service, 2730 Loker Avenue 
West, Carlsbad, California.
    3. If you would like to submit comments by e-mail, please submit e-
mail comments as an ASCII file format and avoid the use of special 
characters and encryption. You may send comments by electronic mail (e-
mail) to FW1CFWO__commat;fws.gov. Please include ``Attn: RIN 1018-
AE59'' and your name and return address in your e-mail message. Please 
note that the e-mail address will be closed out at the termination of 
the public comment period. If you do not receive a confirmation from 
the system that we have received your e-mail message, contact us by 
calling our Carlsbad Fish and Wildlife Office at phone number 760-431-
9440.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Respondents may request that we withhold their home 
address, which we will honor to the extent allowable by law. There also 
may be circumstances in which we would withhold a respondent's 
identity, as allowable by law. If you wish us to withhold your name 
and/or address, you must state this request prominently at the 
beginning of your comment. However, we will not consider anonymous 
comments. To the extent consistent with applicable law, 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. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

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 such review is to ensure 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 these peer reviewers 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 
decision may differ from this proposal.

Public Hearings

    The Act provides for one or more public hearings on this proposal, 
if requested. Requests for public hearings must be made at least 15 
days prior to the close of the public comment period. We will schedule 
public hearings on this proposal, if any are requested, and announce 
the dates, times, and places of those hearings in the Federal Register 
and local newspapers at least 15 days prior to the first hearing.

[[Page 77190]]

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations/
notices that are easy to understand. We invite your comments on how to 
make proposed rules easier to understand including answers to questions 
such as the following:
    (1) Are the requirements in the document 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?
    Send a copy of any comments that concern how we could make this 
notice easier to understand to the Field Supervisor, Carlsbad Fish and 
Wildlife Office (see ADDRESSES).

Required Determinations

Regulatory Planning and Review

    This document is a significant rule and has been reviewed by the 
Office of Management and Budget (OMB) in accordance with Executive 
Order 12866.
    (a) This rule, as proposed, will not 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. The 
San Bernardino kangaroo rat was listed as an endangered species in 
1998. Since that time, we have conducted ten formal section 7 
consultations with other Federal agencies to ensure that their actions 
would not jeopardize the continued existence of the species.
    The areas proposed as critical habitat are within the geographic 
range occupied by the San Bernardino kangaroo rat. Under the Act, 
critical habitat may not be adversely modified by a Federal agency 
action; it 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 conclude that any Federal action or authorized action 
that could potentially cause adverse modification of designated 
critical habitat would currently be considered as ``jeopardy'' under 
the Act. Accordingly, the designation of areas within the geographic 
range occupied by the San Bernardino kangaroo rat has little, if any, 
incremental impacts on what actions may or may not be conducted by 
Federal agencies or non-Federal persons that 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 although they continue to be bound by the 
provisions of the Act concerning ``take'' of the species.
    (b) This rule, as proposed, will not create inconsistencies with 
other agencies' actions. As discussed above, Federal agencies have been 
required to ensure that their actions do not jeopardize the continued 
existence of the San Bernardino kangaroo rat since the listing in 1998. 
The prohibition against adverse modification of critical habitat is not 
expected to impose any restrictions in addition to those that now exist 
because all designated critical habitat is within the geographic range 
occupied by the San Bernardino kangaroo rat. Because of the potential 
for impacts on other Federal agency activities, we will continue to 
review this action for any inconsistencies with other Federal agency 
actions.
    (c) This rule, as proposed, will not materially affect 
entitlements, grants, user fees, loan programs, or the rights and 
obligations of their recipients. Federal agencies are required to 
ensure that their activities do not jeopardize the continued existence 
of the species, and, as discussed above, we do not anticipate that the 
adverse modification prohibition (resulting from critical habitat 
designation) will have any incremental effects in areas of occupied 
habitat. We will review the effects of this proposed action on Federal 
agencies or non-Federal persons that receive Federal authorization or 
funding in the area of critical habitat.
    (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 San Bernardino Kangaroo Rat Listing and Critical Habitat Designation
----------------------------------------------------------------------------------------------------------------
                                              Activities Potentially        Additional Activities Potentially
         Categories of Activities          Affected by Species Listing  Affected by Critical Habitat Designation
                                                     Only \1\                              \2\
----------------------------------------------------------------------------------------------------------------
Federal Activities Potentially             Activities the Federal       May result in a limited increase in the
 Affected.\3\.                              Government carries out       number of section 7 consultations.
                                            such as removing,
                                            degrading, or destroying
                                            San Bernardo kangaroo rat
                                            habitat (as defined in
                                            primary constituent
                                            elements discussion),
                                            whether by burning or
                                            mechanical, chemical, or
                                            other means (e.g.,
                                            grubbing, grading
                                            flooding, discing, flood
                                            control, off-road vehicle
                                            use, overgrazing,
                                            construction, road
                                            building, mining,
                                            herbicide and pesticide
                                            application, etc.) and
                                            appreciably decreasing
                                            habitat value or quality
                                            through indirect effects
                                            (e.g., noise, edge
                                            effects, night-time
                                            lighting, invasion of
                                            exotic plants or animals,
                                            or fragmentation).
Private Activities Potentially             Activities such as           May result in a limited increase in the
 Affected.\4\.                              removing, degrading, or      number of section 7 consultations.
                                            destroying San Bernardino
                                            kangaroo rat habitat (as
                                            defined in the primary
                                            constituent elements
                                            discussion), whether by
                                            burning or mechanical,
                                            chemical, or other means
                                            e.g., grubbing, grading,
                                            flooding, discing, flood
                                            control, off-road vehicle
                                            use, overgrazing,
                                            construction, road
                                            building, mining,
                                            herbicide and pesticide
                                            application, etc.) an
                                            appreciably decreasing
                                            habitat value or quality
                                            through indirect effects
                                            (e.g., noise, edge
                                            effects, night-time
                                            lighting, invasion of
                                            exotic plants or animals,
                                            or fragmentation that
                                            require a Federal action
                                            (permit, authorization, or
                                            funding).
----------------------------------------------------------------------------------------------------------------
\1\ This column represents the activities potentially affected by listing the San Bernardino kangaroo rat as an
  endangered species (Jan. 27, 1998; 63 FR 3835) under the Endangered Species Act.
\2\ This column represents the activities potentially affected by the critical habitat designation in addition
  to those activities potentially affected by listing the species.
\3\ Activities initiated by a Federal agency.
\4\ Activities initiated by a private entity that may need Federal authorization or funding.


[[Page 77191]]

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 effect on a substantial number of small entities. As 
discussed under Regulatory Planning and Review above, this rule, as 
proposed, is not expected to result in any restrictions in addition to 
those currently in existence for areas of occupied habitat. As 
indicated on Table 1 (see Proposed Critical Habitat Designation 
section), we designated property owned by Federal, State, and local 
governments, and private property. Within these areas, the types of 
Federal actions or authorized activities that we have identified as 
potential concerns are:
    (1) Regulation of activities affecting waters of the United States 
by the Corps under section 404 of the Clean Water Act;
    (2) Regulation of water flows, damming, diversion, and 
channelization by Federal agencies;
    (3) Regulation of grazing, mining, and recreation by the Bureau of 
Land Management or U.S. Forest Service;
    (4) Road construction and maintenance, right-of-way designation, 
and regulation of agricultural activities;
    (5) Regulation of airport construction or improvement activities by 
the Federal Aviation Administration;
    (6) Hazard mitigation and post-disaster repairs funded by the 
Federal Emergency Management Agency;
    (7) Construction of communication sites licensed by the Federal 
Communications Commission; and
    (8) Activities funded by the U.S. Environmental Protection Agency, 
U.S. Department of Energy, or any other Federal agency.
    Many of these activities sponsored by Federal agencies within the 
proposed critical habitat units are carried out by small entities (as 
defined by the Regulatory Flexibility Act) through contract, grant, 
permit, or other Federal authorization. As discussed above, these 
actions are currently required to comply with the listing protections 
of the Act, and the designation of critical habitat is not anticipated 
to have any additional effects on these activities in areas of habitat 
occupied by the species. For actions on non-Federal property that do 
not have a Federal connection (such as funding or authorization), the 
current restrictions concerning take of the species remain in effect, 
and this rule will have no additional restrictions.

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 in the economic analysis, 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. As discussed above, we anticipate that the 
designation of critical habitat will have little, if any, additional 
effects on these activities in areas of critical habitat occupied by 
the species. We expect little additional effect for the area of 
proposed critical habitat.

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, as proposed, will not ``significantly or uniquely'' 
affect small governments. A Small Government Agency Plan is not 
required. Small governments will be affected only to the extent that 
any programs having Federal funds, permits, or other authorized 
activities must ensure that their actions will not adversely affect the 
critical habitat. However, as discussed above, these actions are 
currently subject to equivalent restrictions through the listing 
protections of the species, and no further restrictions are anticipated 
in areas of occupied proposed critical habitat.
    (b) This rule, will not produce a Federal mandate of $100 million 
or greater in any year, that is, 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, the rule does not have 
significant takings implications. A takings implication assessment is 
not required. As discussed above, 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 the San Bernardino kangaroo rat. Due to current public knowledge of 
the species protection, the prohibition against take of the species 
both within and outside of the designated areas, and the fact that 
critical habitat provides no incremental restrictions in areas of 
occupied critical habitat, we do not anticipate that property values 
will be affected by the critical habitat designation. 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 the San Bernardino kangaroo rat.

Federalism

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. We will coordinate any future designation of critical habitat 
for the San Bernardino kangaroo rat with the appropriate State 
agencies. The designation of critical habitat in areas currently 
occupied by the San Bernardino kangaroo rat imposes no additional 
restrictions to those currently in place and, therefore, has 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. While 
making this definition and identification does not alter where and what 
federally sponsored activities may occur, it may assist these local 
governments in long-range planning (rather than waiting for case-by-
case section 7 consultations to occur).

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order. We propose critical habitat in accordance with the 
provisions of the Act, and plan public hearings on the proposed 
designation during the comment period if requested. The rule uses 
standard property descriptions and identifies the primary constituent 
elements within the proposed units to assist the public in 
understanding the habitat needs of the San Bernardino kangaroo rat.

[[Page 77192]]

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

    This rule references permits for HCPs which contain information 
collection activity. The Fish and Wildlife Service has OMB approval for 
the collection under OMB Control Number 1018-0094. The Service may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

    We have determined that we do not need to prepare an Environmental 
Assessment and/or an Environmental Impact Statement as defined by the 
National Environmental Policy Act of 1969 in connection with 
regulations adopted pursuant to section 4(a) of the Act. We published a 
notice outlining our reasons for this determination on October 25, 1983 
(48 FR 49244). This proposed rule does not constitute a major Federal 
action significantly affecting the quality of the human environment.

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 there are approximately 465 ha (1,149 ac) of 
Tribal lands essential for the conservation of the San Bernardino 
kangaroo rat along the western boundary of the Soboba Indian 
Reservation in Riverside County. Therefore, we are proposing to 
designate critical habitat for the San Bernardino kangaroo rat on only 
this portion of Tribal lands.
    In complying with our tribal trust responsibilities, we must 
communicate with all tribes potentially affected by the designation. 
Therefore, we are soliciting information during the comment period on 
potential effects to tribes or tribal resources that may result from 
critical habitat designation.

References Cited

    You may request a complete list of all references cited in this 
proposed rule from the Carlsbad Fish and Wildlife Office (see ADDRESSES 
section).

Author

    The primary author of this proposed rule is Nancy Kehoe, Carlsbad 
Fish and Wildlife Office (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 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. In Sec. 17.11(h) revise the entry for ``Kangaroo rat, San 
Bernardino''' under ``MAMMALS'' to read as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Species                                            Vertebrate population
--------------------------------------------------   Historic range      where endangered or      Status       When listed       Critical      Special
          Common name            Scientific name                             threatened                                          habitat        rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
            MAMMALS
 
                   *                  *                  *                  *                  *                  *                  *
Kangaroo rat, San Bernardino    Dipodomys          U.S.A. (CA).......  Entire................  E            632E, 645.......  17.95(a).....  NA
 Merriam's.                      merriami parvus.
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. Amend Sec. 17.95(a) by adding critical habitat for the San 
Bernardino kangaroo rat (Dipodomys merriami parvus) in the same 
alphabetical order as this species occurs in Sec. 17.11 (h).


Sec. 17.95  Critical habitat--fish and wildlife.

    (a) Mammals.
* * * * *
    San Bernardino Kangaroo Rat (Dipodomys merriami parvus).
    1. Critical Habitat Units are depicted for San Bernardino and 
Riverside counties, California, on the maps below.

[[Page 77193]]

[GRAPHIC] [TIFF OMITTED] TP08DE00.000

    2. Within these areas, the primary constituent elements for the San 
Bernardino kangaroo rat are those habitat components that are essential 
for the primary biological needs of foraging, reproducing, rearing of 
young, intra-specific communication, dispersal, genetic exchange, or 
sheltering. The primary constituent elements are found in areas 
influenced by historic and/or current geomorphological and hydrological 
processes and areas of wind-blown sand that support alluvial sage scrub 
vegetation or a mosaic of alluvial sage scrub and associated vegetation 
types (e.g., coastal sage scrub, chaparral) within San Bernardino and 
Riverside counties. Primary constituent elements associated with the 
biological needs of dispersal are also found in areas that provide 
connectivity or linkage between or within larger core areas, including 
open space and disturbed areas containing introduced plant species.
    Primary constituent elements include:
    (1) Dynamic geomorphological and hydrological processes typical of 
fluvial systems within the historical range of the animal, i.e., areas 
that are within active and historical flood regimes including river, 
creek, stream, and wash channels; alluvial fans; flood plains; flood-
control berms and lands adjacent to them; flood plain benches and 
terraces; and historic braided channels;
    (2) Historical and current alluvial processes within the historical 
range of the animal;
    (3) Alluvial sage scrub and associated vegetation, such as coastal 
sage scrub and chamise chaparral. Common plant species include: 
Scalebroom (Lepidospartum squamatum), California buckwheat (Eriogonum 
fasciculatum), yerba santa (Eriodictyon spp.), our Lord's candle (Yucca 
whipplei), sugar bush (Rhus ovata), lemonadeberry (Rhus integrifolia), 
laurel sumac (Malosma laurina), California juniper (Juniperus

[[Page 77194]]

californicus), mulefat (Baccharis salicifolia), showy penstemon 
(Penstemon spectabilis), golden aster (Heterotheca villosa), tall 
buckwheat (Eriogonum elongatum), prickly pear and cholla (Opuntia 
spp.), chamise (Adenostoma fasciculatum), popcorn flower (Plagiobothrys 
spp.), and native and nonnative grasses.
    (4) Sand, loam, or sandy loam soils within the historical range of 
the animal;
    (5) Upland areas that may provide refugia from environmental or 
demographic stochastic and catastrophic events; and
    (6) Moderate to low degree of human disturbance to habitat within 
the species' historical range, i.e., lands within or immediately 
adjacent to flood plain terraces that have suitable habitat for the 
species and areas within 50 m (150 ft) of currently suitable San 
Bernardino kangaroo rat habitat, such as agricultural lands that are 
not disked annually, out-of-production vineyards, margins of orchards, 
areas of active or inactive industrial or resource extraction 
activities, and urban/wildland interfaces.
    3. Existing features and structures within the boundaries of the 
mapped units, such as buildings, roads, railroads, airports, other 
paved areas, lawns, other urban landscaped areas, and other features 
not containing primary constituent elements are not considered critical 
habitat.
    Map Unit 1: Santa Ana River and San Timoteo Canyon, San Bernardino 
County, California. From USGS 1:24,000 quadrangle maps Harrison 
Mountain (1980), Yucaipa (1988), Redlands (1980), and San Bernardino 
South (1980), California, lands in the Santa Ana Wash bounded by the 
following Universal Transverse Mercator (UTM) North American Datum 1927 
(NAD27) coordinates (X, Y): 482500, 3778300; 482700, 3778300; 482700, 
3778200; 482800, 3778200; 482800, 3778100; 482700, 3778100; 482700, 
3777500; 482800, 3777500; 482800, 3777400; 483200, 3777400; 483200, 
3777300; 483300, 3777300; 483300, 3776700; 483000, 3776700; 483000, 
3776800; 482900, 3776800; 482900, 3776900; 482800, 3776900; 482800, 
3777000; 482600, 3777000; 482600, 3776600; 482700, 3776600; 482700, 
3776300; 482800, 3776300; 482800, 3775400; 482600, 3775400; 482600, 
3775200; 482500, 3775200; 482500, 3774800; 482700, 3774800; 482700, 
3774600; 483300, 3774600; 483300, 3774000; 484100, 3774000; 484100, 
3773800; 484700, 3773800; 484700, 3774200; 485400, 3774200; 485400, 
3774400; 485600, 3774400; 485600, 3774500; 485800, 3774500; 485800, 
3774400; 486000, 3774400; 486000, 3774500; 486400, 3774500; 486400, 
3774600; 486700, 3774600; 486700, 3774800; 486800, 3774800; 486800, 
3775000; 487200, 3775000; 487200, 3774900; 487300, 3774900; 487300, 
3774500; 487200, 3774500; 487200, 3774300; 487100, 3774300; 487100, 
3774200; 488100, 3774200; 488100, 3774100; 488300, 3774100; 488300, 
3774000; 488400, 3774000; 488400, 3773800; 488500, 3773800; 488500, 
3773700; 488800, 3773700; 488800, 3773600; 488900, 3773600; 488900, 
3773700; 489000, 3773700; 489000, 3773800; 489300, 3773800; 489300, 
3773700; 489900, 3773700; 489900, 3773600; 490300, 3773600; 490300, 
3773700; 490500, 3773700; 490500, 3773800; 490700, 3773800; 490700, 
3774000; 490800, 3774000; 490800, 3774100; 490700, 3774100; 490700, 
3774400; 491000, 3774400; 491000, 3773600; 490900, 3773600; 490900, 
3773300; 490800, 3773300; 490800, 3773200; 490700, 3773200; 490700, 
3772900; 490600, 3772900; 490600, 3772800; 490700, 3772800; 490700, 
3772300; 490600, 3772300; 490600, 3772200; 490500, 3772200; 490500, 
3772100; 490300, 3772100; 490300, 3772200; 490100, 3772200; 490100, 
3772100; 489900, 3772100; 489900, 3772000; 489700, 3772000; 489700, 
3771500; 489900, 3771500; 489900, 3771400; 490000, 3771400; 490000, 
3771300; 490200, 3771300; 490200, 3771200; 490300, 3771200; 490300, 
3771100; 490500, 3771100; 490500, 3771000; 491000, 3771000; 491000, 
3770700; 491100, 3770700; 491100, 3770600; 491300, 3770600; 491300, 
3771000; 495000, 3771000; 495000, 3770000; 491100, 3770000; 491100, 
3769900; 491000, 3769900; 491000, 3769800; 490800, 3769800; 490800, 
3769600; 490300, 3769600; 490300, 3769700; 489900, 3769700; 489900, 
3769800; 489400, 3769800; 489400, 3769900; 489300, 3769900; 489300, 
3770300; 489200, 3770300; 489200, 3770400; 488800, 3770400; 488800, 
3771300; 488100, 3771300; 488100, 3770900; 488000, 3770900; 488000, 
3771000; 487800, 3771000; 487800, 3771300; 486600, 3771300; 486600, 
3770900; 485600, 3770900; 485600, 3771300; 485500, 3771300; 485500, 
3771200; 484700, 3771200; 484700, 3771300; 484500, 3771300; 484500, 
3770900; 484200, 3770900; 484200, 3771200; 483600, 3771200; 483600, 
3771300; 482900, 3771300; 482900, 3771600; 482700, 3771600; 482700, 
3771700; 482500, 3771700; 482500, 3771800; 482300, 3771800; 482300, 
3771900; 482200, 3771900; 482200, 3772000; 482000, 3772000; 482000, 
3772100; 481700, 3772100; 481700, 3772000; 481400, 3772000; 481400, 
3771900; 481100, 3771900; 481100, 3771800; 480600, 3771800; 480600, 
3771900; 479900, 3771900; 479900, 3771800; 479400, 3771800; 479400, 
3771700; 478800, 3771700; 478800, 3771600; 478500, 3771600; 478500, 
3771500; 478400, 3771500; 478400, 3771400; 478300, 3771400; 478300, 
3771300; 478100, 3771300; 478100, 3771200; 477700, 3771200; 477700, 
3771100; 477400, 3771100; 477400, 3771000; 477200, 3771000; 477200, 
3770900; 477000, 3770900; 477000, 3770800; 476300, 3770800; 476300, 
3770700; 476200, 3770700; 476200, 3770600; 476000, 3770600; 476000, 
3770500; 475800, 3770500; 475800, 3770400; 475300, 3770400; 475300, 
3770300; 475200, 3770300; 475200, 3770200; 475100, 3770200; 475100, 
3770100; 475000, 3770100; 475000, 3769700; 474900, 3769700; 474900, 
3769600; 474300, 3769600; 474300, 3769700; 474000, 3769700; 474000, 
3769600; 473500, 3769600; 473500, 3769400; 473400, 3769400; 473400, 
3769300; 472700, 3769300; 472700, 3769800; 473300, 3769800; 473300, 
3769900; 473700, 3769900; 473700, 3770000; 474300, 3770000; 474300, 
3770100; 474500, 3770100; 474500, 3770200; 474700, 3770200; 474700, 
3770300; 474800, 3770300; 474800, 3770400; 474900, 3770400; 474900, 
3770500; 475000, 3770500; 475000, 3770600; 475100, 3770600; 475100, 
3770700; 475200, 3770700; 475200, 3770800; 475300, 3770800; 475300, 
3770900; 475500, 3770900; 475500, 3771000; 475600, 3771000; 475600, 
3771100; 475700, 3771100; 475700, 3771200; 476000, 3771200; 476000, 
3771500; 476100, 3771500; 476100, 3772300; 476900, 3772300; 476900, 
3772400; 477300, 3772400; 477300, 3772500; 477600, 3772500; 477600, 
3772600; 477700, 3772600; 477700, 3772700; 477800, 3772700; 477800, 
3773000; 478000, 3773000; 478000, 3773700; 478200, 3773700; 478200, 
3773800; 479000, 3773800; 479000, 3773300; 478800, 3773300; 478800, 
3773200; 478900, 3773200; 478900, 3773100; 479200, 3773100; 479200, 
3773200; 479400, 3773200; 479400, 3773300; 479500, 3773300; 479500, 
3773400; 480000, 3773400; 480000, 3773800; 480900, 3773800; 480900, 
3773900; 481200, 3773900; 481200, 3774300; 481600, 3774300; 481600, 
3774500; 481700, 3774500; 481700, 3774600; 481800, 3774600; 481800, 
3774800; 481900, 3774800; 481900, 3775000; 482000, 3775000; 482000, 
3775500; 482200, 3775500; 482200, 3775800;

[[Page 77195]]

482300, 3775800; 482300, 3776000; 482400, 3776000; 482400, 3776600; 
482300, 3776600; 482300, 3776700; 482000, 3776700; 482000, 3777100; 
482100, 3777100; 482100, 3777200; 482200, 3777200; 482200, 3777300; 
482300, 3777300; 482300, 3777900; 482400, 3777900; 482400, 3778000; 
482500, 3778000; 482500, 3778300.
    Land in San Timoteo Canyon bounded by the following UTM NAD27 
coordinates (X, Y): 479200, 3767400; 479700, 3767400; 479700, 3767000; 
479600, 3767000; 479600, 3766900; 479700, 3766900; 479700, 3766600; 
479800, 3766600; 479800, 3766500; 479900, 3766500; 479900, 3766300; 
480000, 3766300; 480000, 3766400; 480100, 3766400; 480100, 3766200; 
480200, 3766200; 480200, 3766100; 480400, 3766100; 480400, 3766000; 
480600, 3766000; 480600, 3765900; 480700, 3765900; 480700, 3765800; 
481000, 3765800; 481000, 3765700; 481100, 3765700; 481100, 3765600; 
481200, 3765600; 481200, 3765400; 481300, 3765400; 481300, 3765300; 
481400, 3765300; 481400, 3765200; 481500, 3765200; 481500, 3765100; 
481600, 3765100; 481600, 3765000; 481700, 3765000; 481700, 3764900; 
481900, 3764900; 481900, 3765000; 482000, 3765000; 482000, 3764900; 
482200, 3764900; 482200, 3764800; 482400, 3764800; 482400, 3764700; 
482700, 3764700; 482700, 3764600; 482900, 3764600; 482900, 3764500; 
483000, 3764500; 483000, 3764400; 483100, 3764400; 483100, 3764200; 
483200, 3764200; 483200, 3764000; 483400, 3764000; 483400, 3763900; 
483600, 3763900; 483600, 3763500; 483500, 3763500; 483500, 3763400; 
483300, 3763400; 483300, 3763600; 483200, 3763600; 483200, 3763700; 
483100, 3763700; 483100, 3763800; 483000, 3763800; 483000, 3763900; 
482900, 3763900; 482900, 3764000; 482800, 3764000; 482800, 3764100; 
482700, 3764100; 482700, 3764200; 482600, 3764200; 482600, 3764300; 
482400, 3764300; 482400, 3764400; 482200, 3764400; 482200, 3764500; 
481800, 3764500; 481800, 3764600; 481600, 3764600; 481600, 3764700; 
481400, 3764700; 481400, 3764800; 481300, 3764800; 481300, 3764900; 
481200, 3764900; 481200, 3765000; 481100, 3765000; 481100, 3765100; 
481000, 3765100; 481000, 3765200; 480900, 3765200; 480900, 3765300; 
480800, 3765300; 480800, 3765400; 480700, 3765400; 480700, 3765500; 
480600, 3765500; 480600, 3765600; 480500, 3765600; 480500, 3765700; 
480300, 3765700; 480300, 3765800; 480000, 3765800; 480000, 3765900; 
479900, 3765900; 479900, 3766000; 479800, 3766000; 479800, 3766100; 
479700, 3766100; 479700, 3766200; 479600, 3766200; 479600, 3766400; 
479500, 3766400; 479500, 3766500; 479400, 3766500; 479400, 3766700; 
479300, 3766700; 479300, 3766800; 479200, 3766800; 479200, 3767400.
[GRAPHIC] [TIFF OMITTED] TP08DE00.001


[[Page 77196]]


    Map Unit 2: Lytle and Cajon Creeks, San Bernardino County, 
California. From USGS 1:24,000 quadrangle maps San Bernardino South 
(1980), San Bernardino North (1988), Devore (1988), and Cajon (1988), 
lands bounded by the following UTM NAD27 coordinates (X, Y): 456700, 
3791400; 457200, 3791400; 457200, 3790900; 457300, 3790900; 457300, 
3790700; 457400, 3790700; 457400, 3790600; 457600, 3790600; 457600, 
3790500; 457700, 3790500; 457700, 3790400; 457800, 3790400; 457800, 
3790300; 457900, 3790300; 457900, 3790200; 458200, 3790200; 458200, 
3790100; 458600, 3790100; 458600, 3790000; 458800, 3790000; 458800, 
3789900; 459000, 3789900; 459000, 3789800; 459200, 3789800; 459200, 
3789700; 459300, 3789700; 459300, 3789600; 459500, 3789600; 459500, 
3789500; 459600, 3789500; 459600, 3789400; 459800, 3789400; 459800, 
3789300; 459900, 3789300; 459900, 3789200; 460000, 3789200; 460000, 
3789000; 460100, 3789000; 460100, 3788900; 460200, 3788900; 460200, 
3788800; 460300, 3788800; 460300, 3788700; 460400, 3788700; 460400, 
3788600; 460600, 3788600; 460600, 3788500; 460700, 3788500; 460700, 
3788400; 460800, 3788400; 460800, 3788300; 461000, 3788300; 461000, 
3788200; 461100, 3788200; 461100, 3788100; 461200, 3788100; 461200, 
3788000; 461400, 3788000; 461400, 3787900; 461500, 3787900; 461500, 
3787800; 461600, 3787800; 461600, 3787700; 461700, 3787700; 461700, 
3787600; 461800, 3787600; 461800, 3787500; 461900, 3787500; 461900, 
3787400; 462000, 3787400; 462000, 3787300; 462100, 3787300; 462100, 
3787200; 462300, 3787200; 462300, 3787100; 462600, 3787100; 462600, 
3787000; 462800, 3787000; 462800, 3786900; 463000, 3786900; 463000, 
3786800; 463300, 3786800; 463300, 3787300; 463400, 3787300; 463400, 
3787400; 463900, 3787400; 463900, 3787300; 464200, 3787300; 464200, 
3787200; 464300, 3787200; 464300, 3787100; 464400, 3787100; 464400, 
3787000; 464700, 3787000; 464700, 3786900; 465100, 3786900; 465100, 
3786800; 465300, 3786800; 465300, 3786700; 465500, 3786700; 465500, 
3786600; 465600, 3786600; 465600, 3786500; 465700, 3786500; 465700, 
3786400; 465800, 3786400; 465800, 3786200; 465900, 3786200; 465900, 
3785900; 466000, 3785900; 466000, 3785600; 465900, 3785600; 465900, 
3785400; 465800, 3785400; 465800, 3785000; 465900, 3785000; 465900, 
3784900; 466100, 3784900; 466100, 3784800; 466200, 3784800; 466200, 
3784600; 466100, 3784600; 466100, 3784400; 466000, 3784400; 466000, 
3784300; 466200, 3784300; 466200, 3784200; 466400, 3784200; 466400, 
3784100; 466500, 3784100; 466500, 3784000; 466600, 3784000; 466600, 
3783800; 466700, 3783800; 466700, 3783600; 466800, 3783600; 466800, 
3783500; 466900, 3783500; 466900, 3783400; 467000, 3783400; 467000, 
3783300; 467200, 3783300; 467200, 3783200; 467400, 3783200; 467400, 
3783100; 467600, 3783100; 467600, 3783000; 467800, 3783000; 467800, 
3782900; 468100, 3782900; 468100, 3782800; 468200, 3782800; 468200, 
3782700; 468300, 3782700; 468300, 3782600; 468500, 3782600; 468500, 
3783200; 468600, 3783200; 468600, 3783500; 468700, 3783500; 468700, 
3783600; 468800, 3783600; 468800, 3783700; 468900, 3783700; 468900, 
3783900; 469000, 3783900; 469000, 3784100; 469100, 3784100; 469100, 
3784200; 469200, 3784200; 469200, 3784300; 469700, 3784300; 469700, 
3784200; 469800, 3784200; 469800, 3784100; 470000, 3784100; 470000, 
3784000; 470100, 3784000; 470100, 3783800; 470200, 3783800; 470200, 
3783700; 470300, 3783700; 470300, 3783600; 470600, 3783600; 470600, 
3783500; 470800, 3783500; 470800, 3783400; 471000, 3783400; 471000, 
3783300; 471200, 3783300; 471200, 3783200; 471400, 3783200; 471400, 
3783100; 471500, 3783100; 471500, 3783000; 471700, 3783000; 471700, 
3782900; 471900, 3782900; 471900, 3782800; 472100, 3782800; 472100, 
3782700; 472300, 3782700; 472300, 3782600; 472400, 3782600; 472400, 
3782500; 472300, 3782500; 472300, 3782400; 471800, 3782400; 471800, 
3782200; 471500, 3782200; 471500, 3782100; 471100, 3782100; 471100, 
3782200; 470800, 3782200; 470800, 3782300; 470500, 3782300; 470500, 
3782400; 470300, 3782400; 470300, 3782500; 470200, 3782500; 470200, 
3782600; 469900, 3782600; 469900, 3782700; 469800, 3782700; 469800, 
3782800; 469700, 3782800; 469700, 3782300; 469800, 3782300; 469800, 
3782100; 469700, 3782100; 469700, 3782000; 469000, 3782000; 469000, 
3781900; 468900, 3781900; 468900, 3782100; 468800, 3782100; 468800, 
3782200; 468600, 3782200; 468600, 3782300; 468500, 3782300; 468500, 
3782200; 468400, 3782200; 468400, 3782100; 468300, 3782100; 468300, 
3782000; 468000, 3782000; 468000, 3782100; 467900, 3782100; 467900, 
3782200; 467200, 3782200; 467200, 3782100; 467300, 3782100; 467300, 
3781900; 467400, 3781900; 467400, 3781800; 467500, 3781800; 467500, 
3781700; 467600, 3781700; 467600, 3781500; 467700, 3781500; 467700, 
3781200; 467600, 3781200; 467600, 3781100; 467500, 3781100; 467500, 
3781000; 467400, 3781000; 467400, 3780900; 467300, 3780900; 467300, 
3780800; 467200, 3780800; 467200, 3780700; 467100, 3780700; 467100, 
3780600; 467000, 3780600; 467000, 3780500; 466900, 3780500; 466900, 
3780400; 466800, 3780400; 466800, 3780200; 466700, 3780200; 466700, 
3780100; 466600, 3780100; 466600, 3779700; 466700, 3779700; 466700, 
3779400; 466800, 3779400; 466800, 3779300; 466900, 3779300; 466900, 
3779200; 467000, 3779200; 467000, 3779000; 467200, 3779000; 467200, 
3778800; 467500, 3778800; 467500, 3778700; 467600, 3778700; 467600, 
3778600; 467700, 3778600; 467700, 3778500; 467800, 3778500; 467800, 
3778400; 467900, 3778400; 467900, 3778300; 468000, 3778300; 468000, 
3778200; 468100, 3778200; 468100, 3778100; 468200, 3778100; 468200, 
3777500; 468300, 3777500; 468300, 3777300; 468400, 3777300; 468400, 
3777000; 468500, 3777000; 468500, 3776800; 468600, 3776800; 468600, 
3776700; 468700, 3776700; 468700, 3776500; 468800, 3776500; 468800, 
3776400; 468900, 3776400; 468900, 3776200; 469000, 3776200; 469000, 
3776100; 469100, 3776100; 469100, 3775900; 469200, 3775900; 469200, 
3775800; 469400, 3775800; 469400, 3775700; 469500, 3775700; 469500, 
3775600; 469600, 3775600; 469600, 3775500; 469800, 3775500; 469800, 
3774300; 469900, 3774300; 469900, 3774000; 469800, 3774000; 469800, 
3773900; 469700, 3773900; 469700, 3773800; 468600, 3773800; 468600, 
3774000; 468700, 3774000; 468700, 3774100; 468800, 3774100; 468800, 
3774500; 468700, 3774500; 468700, 3774700; 468600, 3774700; 468600, 
3774900; 468500, 3774900; 468500, 3775100; 468300, 3775100; 468300, 
3775200; 468200, 3775200; 468200, 3775300; 468100, 3775300; 468100, 
3775400; 467900, 3775400; 467900, 3775500; 467800, 3775500; 467800, 
3775700; 467700, 3775700; 467700, 3775800; 467600, 3775800; 467600, 
3775900; 467500, 3775900; 467500, 3776100; 467400, 3776100; 467400, 
3776200; 467200, 3776200; 467200, 3776400; 467100, 3776400; 467100, 
3776500; 467000, 3776500; 467000, 3776600; 466900, 3776600; 466900, 
3776700; 466800, 3776700; 466800, 3776800; 466700, 3776800; 466700, 
3776900; 466600, 3776900; 466600, 3777000; 466500, 3777000; 466500, 
3777100; 466400, 3777100; 466400, 3777300; 466300, 3777300; 466300, 
3777400; 466200, 3777400;

[[Page 77197]]

466200, 3777500; 466100, 3777500; 466100, 3777600; 466000, 3777600; 
466000, 3777700; 465900, 3777700; 465900, 3777800; 465800, 3777800; 
465800, 3777900; 465700, 3777900; 465700, 3778000; 465600, 3778000; 
465600, 3778200; 465500, 3778200; 465500, 3778300; 465300, 3778300; 
465300, 3778400; 465100, 3778400; 465100, 3778500; 465000, 3778500; 
465000, 3778600; 464800, 3778600; 464800, 3778700; 464600, 3778700; 
464600, 3778800; 464500, 3778800; 464500, 3778900; 464300, 3778900; 
464300, 3779000; 464000, 3779000; 464000, 3779100; 463800, 3779100; 
463800, 3779000; 463600, 3779000; 463600, 3779100; 463400, 3779100; 
463400, 3779200; 463300, 3779200; 463300, 3779300; 463100, 3779300; 
463100, 3779400; 463000, 3779400; 463000, 3779500; 462900, 3779500; 
462900, 3779600; 462700, 3779600; 462700, 3779700; 462600, 3779700; 
462600, 3779800; 462500, 3779800; 462500, 3779900; 462300, 3779900; 
462300, 3780000; 462200, 3780000; 462200, 3780100; 462100, 3780100; 
462100, 3780200; 461900, 3780200; 461900, 3780300; 461800, 3780300; 
461800, 3780400; 461700, 3780400; 461700, 3780500; 461600, 3780500; 
461600, 3780600; 461400, 3780600; 461400, 3780700; 461300, 3780700; 
461300, 3780800; 461200, 3780800; 461200, 3780900; 461000, 3780900; 
461000, 3781000; 460900, 3781000; 460900, 3781100; 460800, 3781100; 
460800, 3781200; 460600, 3781200; 460600, 3781300; 460500, 3781300; 
460500, 3781400; 460400, 3781400; 460400, 3781500; 460300, 3781500; 
460300, 3779600; 461600, 3779600; 461600, 3778700; 458300, 3778700; 
458300, 3777900; 457100, 3777900; 457100, 3777100; 455900, 3777100; 
455900, 3777800; 456000, 3777800; 456000, 3777900; 456100, 3777900; 
456100, 3778000; 456200, 3778000; 456200, 3778100; 456300, 3778100; 
456300, 3778200; 456400, 3778200; 456400, 3778400; 456500, 3778400; 
456500, 3778500; 456600, 3778500; 456600, 3778600; 456700, 3778600; 
456700, 3778700; 456000, 3778700; 456000, 3778600; 455900, 3778600; 
455900, 3778800; 455800, 3778800; 455800, 3779000; 455900, 3779000; 
455900, 3779300; 456000, 3779300; 456000, 3780100; 455900, 3780100; 
455900, 3780300; 455800, 3780300; 455800, 3780600; 455700, 3780600; 
455700, 3780700; 455600, 3780700; 455600, 3780800; 455800, 3780800; 
455800, 3780900; 456100, 3780900; 456100, 3781000; 456700, 3781000; 
456700, 3781100; 457300, 3781100; 457300, 3781200; 457500, 3781200; 
457500, 3781300; 457800, 3781300; 457800, 3781400; 458000, 3781400; 
458000, 3781500; 458200, 3781500; 458200, 3781600; 458300, 3781600; 
458300, 3781700; 458400, 3781700; 458400, 3781800; 458500, 3781800; 
458500, 3781900; 458600, 3781900; 458600, 3782100; 458800, 3782100; 
458800, 3782200; 458900, 3782200; 458900, 3782300; 459000, 3782300; 
459000, 3782400; 459200, 3782400; 459200, 3783100; 459100, 3783100; 
459100, 3783400; 459000, 3783400; 459000, 3783600; 458900, 3783600; 
458900, 3783700; 458800, 3783700; 458800, 3783900; 458700, 3783900; 
458700, 3784000; 458600, 3784000; 458600, 3784200; 458500, 3784200; 
458500, 3784300; 458400, 3784300; 458400, 3784400; 458300, 3784400; 
458300, 3784500; 458100, 3784500; 458100, 3784700; 458000, 3784700; 
458000, 3784800; 457900, 3784800; 457900, 3784900; 457800, 3784900; 
457800, 3785100; 457700, 3785100; 457700, 3785600; 457600, 3785600; 
457600, 3785700; 457400, 3785700; 457400, 3786000; 457300, 3786000; 
457300, 3786200; 457200, 3786200; 457200, 3786300; 457100, 3786300; 
457100, 3786400; 457000, 3786400; 457000, 3786500; 456900, 3786500; 
456900, 3786700; 456800, 3786700; 456800, 3786900; 456700, 3786900; 
456700, 3787000; 456600, 3787000; 456600, 3787100; 456500, 3787100; 
456500, 3787200; 456400, 3787200; 456400, 3787300; 456000, 3787300; 
456000, 3787400; 455800, 3787400; 455800, 3787500; 455600, 3787500; 
455600, 3787600; 455500, 3787600; 455500, 3787900; 456500, 3787900; 
456500, 3787800; 456700, 3787800; 456700, 3787700; 456900, 3787700; 
456900, 3787600; 457000, 3787600; 457000, 3787500; 457100, 3787500; 
457100, 3787400; 457200, 3787400; 457200, 3787100; 457300, 3787100; 
457300, 3786800; 457400, 3786800; 457400, 3786700; 457600, 3786700; 
457600, 3786600; 457700, 3786600; 457700, 3786500; 457800, 3786500; 
457800, 3786400; 457900, 3786400; 457900, 3786300; 458000, 3786300; 
458000, 3786200; 458200, 3786200; 458200, 3786100; 458300, 3786100; 
458300, 3786000; 458400, 3786000; 458400, 3785900; 458500, 3785900; 
458500, 3785700; 458600, 3785700; 458600, 3785100; 458700, 3785100; 
458700, 3785000; 458900, 3785000; 458900, 3784900; 459100, 3784900; 
459100, 3784800; 459300, 3784800; 459300, 3784700; 459500, 3784700; 
459500, 3784600; 459600, 3784600; 459600, 3784500; 459700, 3784500; 
459700, 3784300; 459800, 3784300; 459800, 3784200; 459900, 3784200; 
459900, 3784000; 460000, 3784000; 460000, 3783900; 460100, 3783900; 
460100, 3783700; 460200, 3783700; 460200, 3783600; 460300, 3783600; 
460300, 3783500; 461100, 3783500; 461100, 3783600; 461200, 3783600; 
461200, 3783700; 461400, 3783700; 461400, 3784100; 461300, 3784100; 
461300, 3784300; 461200, 3784300; 461200, 3784400; 461100, 3784400; 
461100, 3784500; 460900, 3784500; 460900, 3784600; 460800, 3784600; 
460800, 3784700; 460600, 3784700; 460600, 3784800; 460400, 3784800; 
460400, 3784900; 460300, 3784900; 460300, 3785000; 460200, 3785000; 
460200, 3785200; 460300, 3785200; 460300, 3785300; 460500, 3785300; 
460500, 3785200; 460700, 3785200; 460700, 3785100; 460900, 3785100; 
460900, 3785000; 461000, 3785000; 461000, 3784900; 461200, 3784900; 
461200, 3784800; 461800, 3784800; 461800, 3784700; 461900, 3784700; 
461900, 3784600; 462000, 3784600; 462000, 3784500; 462100, 3784500; 
462100, 3784400; 462200, 3784400; 462200, 3784200; 462300, 3784200; 
462300, 3784000; 462400, 3784000; 462400, 3783700; 462500, 3783700; 
462500, 3783400; 462600, 3783400; 462600, 3783200; 462900, 3783200; 
462900, 3783100; 463200, 3783100; 463200, 3783000; 463400, 3783000; 
463400, 3782900; 463500, 3782900; 463500, 3782700; 463600, 3782700; 
463600, 3782400; 463700, 3782400; 463700, 3782300; 463800, 3782300; 
463800, 3782200; 463900, 3782200; 463900, 3782100; 464100, 3782100; 
464100, 3782400; 464000, 3782400; 464000, 3783300; 463900, 3783300; 
463900, 3783400; 463800, 3783400; 463800, 3783700; 463900, 3783700; 
463900, 3784100; 463800, 3784100; 463800, 3784200; 463600, 3784200; 
463600, 3784300; 463500, 3784300; 463500, 3784400; 463400, 3784400; 
463400, 3784500; 463300, 3784500; 463300, 3784700; 463200, 3784700; 
463200, 3784800; 463100, 3784800; 463100, 3784900; 463000, 3784900; 
463000, 3785000; 462900, 3785000; 462900, 3785100; 462800, 3785100; 
462800, 3785200; 462700, 3785200; 462700, 3785300; 462500, 3785300; 
462500, 3785200; 462300, 3785200; 462300, 3785300; 462200, 3785300; 
462200, 3785500; 462000, 3785500; 462000, 3785600; 461900, 3785600; 
461900, 3785800; 461800, 3785800; 461800, 3786000; 461700, 3786000; 
461700, 3786200; 461500, 3786200; 461500, 3786300; 461400, 3786300; 
461400, 3786400; 461300, 3786400; 461300, 3786500; 461200, 3786500; 
461200, 3786600; 461100, 3786600; 461100, 3786700; 461000, 3786700;

[[Page 77198]]

461000, 3786800; 460800, 3786800; 460800, 3786900; 460700, 3786900; 
460700, 3787100; 460600, 3787100; 460600, 3787200; 460500, 3787200; 
460500, 3787400; 460400, 3787400; 460400, 3787500; 460200, 3787500; 
460200, 3787600; 460100, 3787600; 460100, 3787700; 460000, 3787700; 
460000, 3787800; 459900, 3787800; 459900, 3787900; 459700, 3787900; 
459700, 3788000; 459600, 3788000; 459600, 3788100; 459500, 3788100; 
459500, 3788200; 459400, 3788200; 459400, 3788300; 459200, 3788300; 
459200, 3788500; 459100, 3788500; 459100, 3788700; 459000, 3788700; 
459000, 3788800; 458900, 3788800; 458900, 3788900; 458700, 3788900; 
458700, 3789000; 458600, 3789000; 458600, 3789100; 458400, 3789100; 
458400, 3789200; 458300, 3789200; 458300, 3789300; 458100, 3789300; 
458100, 3789400; 458000, 3789400; 458000, 3789500; 457900, 3789500; 
457900, 3789600; 457700, 3789600; 457700, 3789700; 457600, 3789700; 
457600, 3789800; 457300, 3789800; 457300, 3789900; 457200, 3789900; 
457200, 3790000; 457100, 3790000; 457100, 3790100; 457000, 3790100; 
457000, 3790200; 456900, 3790200; 456900, 3790300; 456800, 3790300; 
456800, 3790600; 456700, 3790600; 456700, 3791400; excluding land 
bounded by 463100, 3786500; 463100, 3786600; 463000, 3786600; 463000, 
3786500; 463100, 3786500; land bounded by 463400, 3786300; 463400, 
3786400; 463300, 3786400; 463300, 3786300; 463400, 3786300; land 
bounded by 464900, 3784800; 464900, 3784700; 465000, 3784700; 465000, 
3784800; 464900, 3784800; land bounded by 465400, 3784300; 465400, 
3784200; 465500, 3784200; 465500, 3784300; 465400, 3784300; land 
bounded by 465400, 3784300; 465400, 3784400; 465300, 3784400; 465300, 
3784300; 465400, 3784300; land bounded by 463500, 3786200; 463500, 
3786300; 463400, 3786300; 463400, 3786200; 463500, 3786200; land 
bounded by 463600, 3786100; 463600, 3786200; 463500, 3786200; 463500, 
3786100; 463600, 3786100; land bounded by 464800, 3784900; 464800, 
3784800; 464900, 3784800; 464900, 3784900; 464800, 3784900; land 
bounded by 463700, 3786000; 463700, 3786100; 463600, 3786100; 463600, 
3786000; 463700, 3786000; land bounded by 463800, 3785900; 463800, 
3786000; 463700, 3786000; 463700, 3785900; 463800, 3785900; land 
bounded by 464700, 3785000; 464700, 3784900; 464800, 3784900; 464800, 
3785000; 464700, 3785000; land bounded by 463900, 3785800; 463900, 
3785900; 463800, 3785900; 463800, 3785800; 463900, 3785800; land 
bounded by 464000, 3785700; 464000, 3785800; 463900, 3785800; 463900, 
3785700; 464000, 3785700; land bounded by 464600, 3785100; 464600, 
3785000; 464700, 3785000; 464700, 3785100; 464600, 3785100; land 
bounded by 464100, 3785600; 464100, 3785700; 464000, 3785700; 464000, 
3785600; 464100, 3785600; land bounded by 464200, 3785500; 464200, 
3785600; 464100, 3785600; 464100, 3785500; 464200, 3785500; land 
bounded by 464500, 3785200; 464500, 3785100; 464600, 3785100; 464600, 
3785200; 464500, 3785200; land bounded by 464300, 3785400; 464300, 
3785500; 464200, 3785500; 464200, 3785400; 464300, 3785400; land 
bounded by 464400, 3785300; 464400, 3785200; 464500, 3785200; 464500, 
3785300; 464400, 3785300; land bounded by 464400, 3785300; 464400, 
3785400; 464300, 3785400; 464300, 3785300; 464400, 3785300; and land 
bounded by 463100, 3786500; 463100, 3786400; 463200, 3786400; 463200, 
3786500; 463100, 3786500.

[[Page 77199]]

[GRAPHIC] [TIFF OMITTED] TP08DE00.002


[[Page 77200]]


    Map Unit 3: San Jacinto River and Bautista Creek, Riverside County, 
California. From USGS quadrangle maps Blackburn Canyon (1988), Hemet 
(1979), Lake Fulmor (1988), San Jacinto (1979), Lakeview (1979), and El 
Casco (1979), California, land bounded by the following UTM NAD27 
coordinates (X, Y): 506300, 3739000; 506300, 3739200; 506800, 3739200; 
506800, 3738900; 506900, 3738900; 506900, 3738700; 507000, 3738700; 
507000, 3738600; 507100, 3738600; 507100, 3738500; 507200, 3738500; 
507200, 3738400; 507300, 3738400; 507300, 3738200; 507400, 3738200; 
507400, 3738100; 507500, 3738100; 507500, 3738000; 507600, 3738000; 
507600, 3737800; 507500, 3737800; 507500, 3737700; 507300, 3737700; 
507300, 3737600; 507200, 3737600; 507200, 3737400; 507100, 3737400; 
507100, 3737300; 507200, 3737300; 507200, 3737200; 507300, 3737200; 
507300, 3737100; 507400, 3737100; 507400, 3737000; 507500, 3737000; 
507500, 3736900; 507600, 3736900; 507600, 3736800; 507700, 3736800; 
507700, 3736700; 507800, 3736700; 507800, 3736600; 507900, 3736600; 
507900, 3736500; 508000, 3736500; 508000, 3736400; 508100, 3736400; 
508100, 3736300; 508500, 3736300; 508500, 3736500; 508600, 3736500; 
508600, 3736700; 508700, 3736700; 508700, 3736900; 508800, 3736900; 
508800, 3737100; 508900, 3737100; 508900, 3737200; 509000, 3737200; 
509000, 3737400; 509100, 3737400; 509100, 3737500; 509200, 3737500; 
509200, 3737600; 509300, 3737600; 509300, 3737700; 509400, 3737700; 
509400, 3737800; 509500, 3737800; 509500, 3737900; 509700, 3737900; 
509700, 3738000; 509800, 3738000; 509800, 3738100; 509900, 3738100; 
509900, 3738200; 510100, 3738200; 510100, 3738300; 510300, 3738300; 
510300, 3738400; 510400, 3738400; 510400, 3738700; 510500, 3738700; 
510500, 3738900; 510600, 3738900; 510600, 3739000; 510700, 3739000; 
510700, 3739300; 510900, 3739300; 510900, 3739200; 511000, 3739200; 
511000, 3739000; 511200, 3739000; 511200, 3738700; 510900, 3738700; 
510900, 3738800; 510800, 3738800; 510800, 3738300; 510700, 3738300; 
510700, 3738200; 510600, 3738200; 510600, 3738100; 510500, 3738100; 
510500, 3738000; 510400, 3738000; 510400, 3737900; 510300, 3737900; 
510300, 3737600; 510100, 3737600; 510100, 3737500; 509800, 3737500; 
509800, 3737400; 509700, 3737400; 509700, 3737300; 509500, 3737300; 
509500, 3737200; 509400, 3737200; 509400, 3737100; 509300, 3737100; 
509300, 3736900; 509200, 3736900; 509200, 3736800; 509100, 3736800; 
509100, 3736700; 509000, 3736700; 509000, 3736600; 508900, 3736600; 
508900, 3736500; 508800, 3736500; 508800, 3736300; 509100, 3736300; 
509100, 3736200; 509300, 3736200; 509300, 3736100; 509600, 3736100; 
509600, 3736000; 510000, 3736000; 510000, 3736100; 510600, 3736100; 
510600, 3736000; 510700, 3736000; 510700, 3735900; 511000, 3735900; 
511000, 3735800; 511200, 3735800; 511200, 3735700; 511300, 3735700; 
511300, 3735600; 511400, 3735600; 511400, 3735500; 511800, 3735500; 
511800, 3735600; 512900, 3735600; 512900, 3735700; 513300, 3735700; 
513300, 3735800; 513400, 3735800; 513400, 3735900; 513500, 3735900; 
513500, 3736000; 513600, 3736000; 513600, 3736400; 513700, 3736400; 
513700, 3736500; 513800, 3736500; 513800, 3736700; 514000, 3736700; 
514000, 3736600; 514200, 3736600; 514200, 3736400; 514300, 3736400; 
514300, 3736300; 514200, 3736300; 514200, 3735900; 514100, 3735900; 
514100, 3736000; 513800, 3736000; 513800, 3735900; 513700, 3735900; 
513700, 3735700; 513600, 3735700; 513600, 3735500; 513500, 3735500; 
513500, 3735400; 513300, 3735400; 513300, 3735300; 513200, 3735300; 
513200, 3735200; 512400, 3735200; 512400, 3735300; 512200, 3735300; 
512200, 3735200; 511800, 3735200; 511800, 3735100; 511900, 3735100; 
511900, 3735000; 512000, 3735000; 512000, 3734800; 512100, 3734800; 
512100, 3734700; 512200, 3734700; 512200, 3734600; 512300, 3734600; 
512300, 3734500; 512400, 3734500; 512400, 3734400; 512700, 3734400; 
512700, 3734300; 513100, 3734300; 513100, 3734200; 513300, 3734200; 
513300, 3734100; 513700, 3734100; 513700, 3734000; 513900, 3734000; 
513900, 3733900; 514200, 3733900; 514200, 3733800; 514300, 3733800; 
514300, 3733700; 514400, 3733700; 514400, 3733600; 514500, 3733600; 
514500, 3733500; 515200, 3733500; 515200, 3733400; 515500, 3733400; 
515500, 3733300; 515600, 3733300; 515600, 3733400; 515800, 3733400; 
515800, 3733300; 516000, 3733300; 516000, 3733200; 516100, 3733200; 
516100, 3733100; 516300, 3733100; 516300, 3733000; 516700, 3733000; 
516700, 3732900; 517100, 3732900; 517100, 3732800; 517200, 3732800; 
517200, 3732700; 517300, 3732700; 517300, 3732600; 517400, 3732600; 
517400, 3732500; 517500, 3732500; 517500, 3732400; 517700, 3732400; 
517700, 3732300; 518100, 3732300; 518100, 3732200; 518200, 3732200; 
518200, 3732100; 518100, 3732100; 518100, 3732000; 518000, 3732000; 
518000, 3731900; 518100, 3731900; 518100, 3731800; 518500, 3731800; 
518500, 3731700; 518600, 3731700; 518600, 3731500; 518700, 3731500; 
518700, 3731400; 518900, 3731400; 518900, 3731100; 519100, 3731100; 
519100, 3731000; 519200, 3731000; 519200, 3730900; 519300, 3730900; 
519300, 3730800; 519500, 3730800; 519500, 3730700; 519800, 3730700; 
519800, 3730500; 520000, 3730500; 520000, 3730400; 520100, 3730400; 
520100, 3730000; 520200, 3730000; 520200, 3729900; 519900, 3729900; 
519900, 3730000; 519800, 3730000; 519800, 3730100; 519600, 3730100; 
519600, 3730200; 519500, 3730200; 519500, 3730300; 519400, 3730300; 
519400, 3730400; 519000, 3730400; 519000, 3730500; 518900, 3730500; 
518900, 3730600; 518800, 3730600; 518800, 3730700; 518500, 3730700; 
518500, 3730800; 518300, 3730800; 518300, 3730900; 518200, 3730900; 
518200, 3731000; 518100, 3731000; 518100, 3731100; 518000, 3731100; 
518000, 3731200; 517900, 3731200; 517900, 3731400; 517800, 3731400; 
517800, 3731500; 517700, 3731500; 517700, 3731700; 517600, 3731700; 
517600, 3731900; 517500, 3731900; 517500, 3732000; 517400, 3732000; 
517400, 3732100; 517300, 3732100; 517300, 3732200; 517200, 3732200; 
517200, 3732300; 517100, 3732300; 517100, 3732400; 516700, 3732400; 
516700, 3732500; 516600, 3732500; 516600, 3732400; 516400, 3732400; 
516400, 3732500; 516200, 3732500; 516200, 3732600; 516100, 3732600; 
516100, 3732700; 516000, 3732700; 516000, 3732800; 515900, 3732800; 
515900, 3732700; 515600, 3732700; 515600, 3732800; 515200, 3732800; 
515200, 3732900; 515000, 3732900; 515000, 3733000; 514600, 3733000; 
514600, 3733100; 514300, 3733100; 514300, 3733200; 513900, 3733200; 
513900, 3733300; 513500, 3733300; 513500, 3733400; 513100, 3733400; 
513100, 3733500; 512800, 3733500; 512800, 3733600; 512600, 3733600; 
512600, 3733700; 512400, 3733700; 512400, 3733800; 512200, 3733800; 
512200, 3733900; 511900, 3733900; 511900, 3734100; 511600, 3734100; 
511600, 3734200; 511500, 3734200; 511500, 3734300; 511400, 3734300; 
511400, 3734400; 511200, 3734400; 511200, 3734500; 511100, 3734500; 
511100, 3734600; 511000, 3734600; 511000, 3734700; 510900, 3734700; 
510900, 3734800; 510800, 3734800; 510800, 3735000; 510700, 3735000; 
510700, 3735400; 510600, 3735400; 510600, 3735500; 510200, 3735500; 
510200, 3735600;

[[Page 77201]]

510000, 3735600; 510000, 3735500; 509300, 3735500; 509300, 3735600; 
508700, 3735600; 508700, 3735200; 508800, 3735200; 508800, 3735000; 
508900, 3735000; 508900, 3734700; 509000, 3734700; 509000, 3734600; 
509100, 3734600; 509100, 3734500; 509200, 3734500; 509200, 3734400; 
509300, 3734400; 509300, 3734300; 509400, 3734300; 509400, 3734200; 
509500, 3734200; 509500, 3734100; 509600, 3734100; 509600, 3734000; 
509700, 3734000; 509700, 3733900; 509800, 3733900; 509800, 3733700; 
510100, 3733700; 510100, 3733500; 510200, 3733500; 510200, 3733100; 
510500, 3733100; 510500, 3733000; 510600, 3733000; 510600, 3732500; 
510500, 3732500; 510500, 3732400; 510600, 3732400; 510600, 3732300; 
511100, 3732300; 511100, 3731900; 511200, 3731900; 511200, 3731700; 
511300, 3731700; 511300, 3731500; 511400, 3731500; 511400, 3731400; 
511500, 3731400; 511500, 3731300; 511700, 3731300; 511700, 3731200; 
512200, 3731200; 512200, 3731100; 512400, 3731100; 512400, 3731000; 
512700, 3731000; 512700, 3730900; 512900, 3730900; 512900, 3730500; 
512300, 3730500; 512300, 3730600; 512000, 3730600; 512000, 3730500; 
512100, 3730500; 512100, 3730400; 512300, 3730400; 512300, 3730300; 
512500, 3730300; 512500, 3730200; 512600, 3730200; 512600, 3730000; 
512800, 3730000; 512800, 3729900; 513000, 3729900; 513000, 3729800; 
513100, 3729800; 513100, 3729700; 513200, 3729700; 513200, 3729600; 
513300, 3729600; 513300, 3729500; 513400, 3729500; 513400, 3729400; 
513500, 3729400; 513500, 3729300; 513600, 3729300; 513600, 3729200; 
513700, 3729200; 513700, 3729100; 513900, 3729100; 513900, 3729000; 
514000, 3729000; 514000, 3728800; 514100, 3728800; 514100, 3728700; 
514200, 3728700; 514200, 3728300; 514300, 3728300; 514300, 3728100; 
514400, 3728100; 514400, 3727900; 514500, 3727900; 514500, 3727700; 
514700, 3727700; 514700, 3727600; 514800, 3727600; 514800, 3727400; 
514900, 3727400; 514900, 3727100; 515000, 3727100; 515000, 3727000; 
515100, 3727000; 515100, 3726900; 515200, 3726900; 515200, 3726800; 
515300, 3726800; 515300, 3726600; 515400, 3726600; 515400, 3726500; 
515500, 3726500; 515500, 3726200; 515600, 3726200; 515600, 3726000; 
515700, 3726000; 515700, 3725800; 515800, 3725800; 515800, 3725700; 
515900, 3725700; 515900, 3725600; 516000, 3725600; 516000, 3725300; 
515900, 3725300; 515900, 3725200; 516000, 3725200; 516000, 3725000; 
516100, 3725000; 516100, 3724900; 516200, 3724900; 516200, 3724800; 
516300, 3724800; 516300, 3724700; 516400, 3724700; 516400, 3724600; 
516500, 3724600; 516500, 3724500; 516600, 3724500; 516600, 3724300; 
516500, 3724300; 516500, 3724100; 516200, 3724100; 516200, 3724200; 
516100, 3724200; 516100, 3724300; 516000, 3724300; 516000, 3724400; 
515900, 3724400; 515900, 3724500; 515800, 3724500; 515800, 3724600; 
515700, 3724600; 515700, 3724700; 515600, 3724700; 515600, 3724800; 
515500, 3724800; 515500, 3725500; 515400, 3725500; 515400, 3725700; 
515300, 3725700; 515300, 3725800; 515200, 3725800; 515200, 3726100; 
515100, 3726100; 515100, 3726200; 515000, 3726200; 515000, 3726300; 
514900, 3726300; 514900, 3726400; 514800, 3726400; 514800, 3726700; 
514700, 3726700; 514700, 3726800; 514600, 3726800; 514600, 3727000; 
514500, 3727000; 514500, 3727200; 514400, 3727200; 514400, 3727300; 
514200, 3727300; 514200, 3727500; 514000, 3727500; 514000, 3727600; 
513900, 3727600; 513900, 3728000; 513800, 3728000; 513800, 3728200; 
513700, 3728200; 513700, 3728300; 513600, 3728300; 513600, 3728500; 
513500, 3728500; 513500, 3728600; 513400, 3728600; 513400, 3728700; 
513300, 3728700; 513300, 3728800; 513100, 3728800; 513100, 3728900; 
513000, 3728900; 513000, 3729000; 512900, 3729000; 512900, 3729100; 
512700, 3729100; 512700, 3729200; 512600, 3729200; 512600, 3729300; 
512400, 3729300; 512400, 3729400; 512300, 3729400; 512300, 3729500; 
512200, 3729500; 512200, 3729600; 512000, 3729600; 512000, 3729700; 
511900, 3729700; 511900, 3729800; 511700, 3729800; 511700, 3729900; 
511600, 3729900; 511600, 3730000; 511500, 3730000; 511500, 3730100; 
511400, 3730100; 511400, 3730200; 511300, 3730200; 511300, 3730300; 
511200, 3730300; 511200, 3730400; 511100, 3730400; 511100, 3730500; 
511000, 3730500; 511000, 3730600; 510800, 3730600; 510800, 3730700; 
510700, 3730700; 510700, 3730800; 510600, 3730800; 510600, 3730900; 
510500, 3730900; 510500, 3731100; 510400, 3731100; 510400, 3731200; 
510300, 3731200; 510300, 3731300; 510200, 3731300; 510200, 3731400; 
510100, 3731400; 510100, 3731600; 510000, 3731600; 510000, 3731700; 
509900, 3731700; 509900, 3731800; 509800, 3731800; 509800, 3731900; 
509700, 3731900; 509700, 3732100; 509600, 3732100; 509600, 3732300; 
509500, 3732300; 509500, 3732500; 509400, 3732500; 509400, 3733300; 
509700, 3733300; 509700, 3733600; 509600, 3733600; 509600, 3733700; 
509500, 3733700; 509500, 3733800; 509200, 3733800; 509200, 3734000; 
509100, 3734000; 509100, 3734100; 508800, 3734100; 508800, 3734400; 
508700, 3734400; 508700, 3734600; 508600, 3734600; 508600, 3734800; 
508500, 3734800; 508500, 3735000; 508400, 3735000; 508400, 3735200; 
508300, 3735200; 508300, 3735600; 508400, 3735600; 508400, 3735700; 
508300, 3735700; 508300, 3735800; 507900, 3735800; 507900, 3735900; 
507100, 3735900; 507100, 3736000; 507000, 3736000; 507000, 3736100; 
506900, 3736100; 506900, 3736200; 506800, 3736200; 506800, 3736300; 
506700, 3736300; 506700, 3736400; 506600, 3736400; 506600, 3736500; 
506500, 3736500; 506500, 3736600; 506400, 3736600; 506400, 3736700; 
506300, 3736700; 506300, 3736800; 506200, 3736800; 506200, 3737300; 
506100, 3737300; 506100, 3737400; 506000, 3737400; 506000, 3737500; 
505900, 3737500; 505900, 3737600; 505700, 3737600; 505700, 3738100; 
505800, 3738100; 505800, 3738400; 505700, 3738400; 505700, 3738600; 
505600, 3738600; 505600, 3738800; 505500, 3738800; 505500, 3739100; 
505400, 3739100; 505400, 3739400; 505300, 3739400; 505300, 3739600; 
505200, 3739600; 505200, 3739800; 505100, 3739800; 505100, 3739900; 
505000, 3739900; 505000, 3740100; 504900, 3740100; 504900, 3740200; 
504800, 3740200; 504800, 3740300; 504700, 3740300; 504700, 3740400; 
504600, 3740400; 504600, 3740500; 504500, 3740500; 504500, 3740600; 
504400, 3740600; 504400, 3740700; 504300, 3740700; 504300, 3740800; 
504200, 3740800; 504200, 3740900; 504000, 3740900; 504000, 3740800; 
503600, 3740800; 503600, 3741300; 503400, 3741300; 503400, 3741400; 
503300, 3741400; 503300, 3741500; 503100, 3741500; 503100, 3741600; 
502900, 3741600; 502900, 3741700; 502600, 3741700; 502600, 3741800; 
502000, 3741800; 502000, 3742300; 501900, 3742300; 501900, 3742400; 
501600, 3742400; 501600, 3742600; 501400, 3742600; 501400, 3742700; 
501200, 3742700; 501200, 3742800; 501000, 3742800; 501000, 3742900; 
500800, 3742900; 500800, 3743000; 500600, 3743000; 500600, 3743100; 
500500, 3743100; 500500, 3743200; 500200, 3743200; 500200, 3743300; 
499900, 3743300; 499900, 3743400; 499600, 3743400; 499600, 3743500; 
499400, 3743500; 499400, 3743600; 499200, 3743600; 499200, 3743700; 
499000, 3743700; 499000, 3743800; 498900, 3743800; 498900, 3743900;

[[Page 77202]]

498700, 3743900; 498700, 3744000; 497200, 3744000; 497200, 3744400; 
497100, 3744400; 497100, 3744500; 496900, 3744500; 496900, 3744600; 
496700, 3744600; 496700, 3744700; 496600, 3744700; 496600, 3744800; 
496400, 3744800; 496400, 3744900; 496200, 3744900; 496200, 3745000; 
495900, 3745000; 495900, 3744900; 495600, 3744900; 495600, 3744800; 
494900, 3744800; 494900, 3744900; 494700, 3744900; 494700, 3745000; 
494600, 3745000; 494600, 3745100; 494400, 3745100; 494400, 3745200; 
494300, 3745200; 494300, 3745300; 494100, 3745300; 494100, 3745400; 
494000, 3745400; 494000, 3745500; 493800, 3745500; 493800, 3745600; 
493600, 3745600; 493600, 3745700; 493500, 3745700; 493500, 3745800; 
493300, 3745800; 493300, 3745900; 493100, 3745900; 493100, 3746000; 
493000, 3746000; 493000, 3746100; 492800, 3746100; 492800, 3746200; 
492700, 3746200; 492700, 3746300; 492500, 3746300; 492500, 3746400; 
491300, 3746400; 491300, 3747700; 491400, 3747700; 491400, 3747900; 
492100, 3747900; 492100, 3747700; 492200, 3747700; 492200, 3747600; 
492300, 3747600; 492300, 3747500; 492400, 3747500; 492400, 3747400; 
492500, 3747400; 492500, 3747300; 492700, 3747300; 492700, 3747200; 
492900, 3747200; 492900, 3747100; 493100, 3747100; 493100, 3746900; 
493300, 3746900; 493300, 3747000; 493800, 3747000; 493800, 3746900; 
494000, 3746900; 494000, 3746800; 494900, 3746800; 494900, 3746900; 
495100, 3746900; 495100, 3746800; 495000, 3746800; 495000, 3746700; 
494900, 3746700; 494900, 3746600; 494700, 3746600; 494700, 3746500; 
494600, 3746500; 494600, 3746400; 494500, 3746400; 494500, 3746300; 
494300, 3746300; 494300, 3746200; 494200, 3746200; 494200, 3746100; 
494000, 3746100; 494000, 3746000; 493900, 3746000; 493900, 3745900; 
493800, 3745900; 493800, 3745700; 494000, 3745700; 494000, 3745600; 
494200, 3745600; 494200, 3745500; 494300, 3745500; 494300, 3745400; 
494500, 3745400; 494500, 3745300; 494700, 3745300; 494700, 3745200; 
494900, 3745200; 494900, 3745100; 495100, 3745100; 495100, 3745000; 
495300, 3745000; 495300, 3745100; 495600, 3745100; 495600, 3745200; 
496500, 3745200; 496500, 3745100; 496700, 3745100; 496700, 3745000; 
496800, 3745000; 496800, 3744900; 496900, 3744900; 496900, 3744800; 
497100, 3744800; 497100, 3744700; 497300, 3744700; 497300, 3744600; 
497400, 3744600; 497400, 3744700; 497700, 3744700; 497700, 3744600; 
498000, 3744600; 498000, 3744500; 498200, 3744500; 498200, 3744400; 
498400, 3744400; 498400, 3744300; 498700, 3744300; 498700, 3744200; 
498900, 3744200; 498900, 3744100; 499100, 3744100; 499100, 3744000; 
499300, 3744000; 499300, 3743900; 499400, 3743900; 499400, 3743800; 
499600, 3743800; 499600, 3743700; 499700, 3743700; 499700, 3744700; 
499800, 3744700; 499800, 3744900; 500100, 3744900; 500100, 3744800; 
500200, 3744800; 500200, 3744700; 500400, 3744700; 500400, 3744800; 
500500, 3744800; 500500, 3744900; 500600, 3744900; 500600, 3744700; 
500500, 3744700; 500500, 3744500; 500700, 3744500; 500700, 3744400; 
500800, 3744400; 500800, 3744200; 500900, 3744200; 500900, 3743900; 
500800, 3743900; 500800, 3743700; 500900, 3743700; 500900, 3743400; 
500800, 3743400; 500800, 3743200; 501000, 3743200; 501000, 3743100; 
501200, 3743100; 501200, 3743000; 501400, 3743000; 501400, 3742900; 
501600, 3742900; 501600, 3742800; 501700, 3742800; 501700, 3742700; 
501900, 3742700; 501900, 3742600; 502100, 3742600; 502100, 3742500; 
502200, 3742500; 502200, 3742600; 502600, 3742600; 502600, 3742500; 
502700, 3742500; 502700, 3742400; 503100, 3742400; 503100, 3742300; 
503200, 3742300; 503200, 3742200; 503300, 3742200; 503300, 3742100; 
503600, 3742100; 503600, 3742000; 503800, 3742000; 503800, 3741800; 
503900, 3741800; 503900, 3741700; 504000, 3741700; 504000, 3741600; 
504200, 3741600; 504200, 3741500; 504300, 3741500; 504300, 3741400; 
504500, 3741400; 504500, 3741300; 504700, 3741300; 504700, 3741200; 
504800, 3741200; 504800, 3741100; 504900, 3741100; 504900, 3741000; 
505200, 3741000; 505200, 3740900; 505300, 3740900; 505300, 3740800; 
505500, 3740800; 505500, 3740700; 505600, 3740700; 505600, 3740600; 
505700, 3740600; 505700, 3740500; 505800, 3740500; 505800, 3740400; 
505900, 3740400; 505900, 3740200; 506000, 3740200; 506000, 3740000; 
505900, 3740000; 505900, 3739900; 505800, 3739900; 505800, 3739600; 
505900, 3739600; 505900, 3739300; 506000, 3739300; 506000, 3739100; 
506200, 3739100; 506200, 3739000; 506300, 3739000; excluding land 
bounded by 506300, 3739000; 506300, 3738500; 506400, 3738500; 506400, 
3738400; 506500, 3738400; 506500, 3738300; 506600, 3738300; 506600, 
3738100; 506800, 3738100; 506800, 3738200; 506900, 3738200; 506900, 
3738400; 506600, 3738400; 506600, 3738500; 506500, 3738500; 506500, 
3738700; 506400, 3738700; 506400, 3739000; 506300, 3739000.
    Additional land bounded by the following UTM NAD27 coordinates (X, 
Y): 493000, 3749100; 492800, 3749100; 492800, 3749200; 492600, 3749200; 
492600, 3749100; 492400, 3749100; 492400, 3749300; 492300, 3749300; 
492300, 3749700; 492200, 3749700; 492200, 3750100; 492300, 3750100; 
492300, 3750500; 492400, 3750500; 492400, 3750400; 492500, 3750400; 
492500, 3750300; 492600, 3750300; 492600, 3750200; 492700, 3750200; 
492700, 3750100; 492800, 3750100; 492800, 3750000; 493000, 3750000; 
493000, 3749900; 493300, 3749900; 493300, 3750000; 493400, 3750000; 
493400, 3750200; 493500, 3750200; 493500, 3750400; 493600, 3750400; 
493600, 3750500; 493700, 3750500; 493700, 3750800; 493800, 3750800; 
493800, 3751500; 493900, 3751500; 493900, 3751600; 493800, 3751600; 
493800, 3751700; 493700, 3751700; 493700, 3752200; 493900, 3752200; 
493900, 3752100; 494000, 3752100; 494000, 3751800; 494100, 3751800; 
494100, 3751700; 494200, 3751700; 494200, 3751300; 494100, 3751300; 
494100, 3751000; 494000, 3751000; 494000, 3750600; 493900, 3750600; 
493900, 3750400; 493800, 3750400; 493800, 3750100; 493700, 3750100; 
493700, 3749900; 493800, 3749900; 493800, 3749800; 494000, 3749800; 
494000, 3749700; 494100, 3749700; 494100, 3749600; 494300, 3749600; 
494300, 3749500; 494400, 3749500; 494400, 3749400; 494500, 3749400; 
494500, 3749300; 494600, 3749300; 494600, 3749200; 494700, 3749200; 
494700, 3749100; 494800, 3749100; 494800, 3749000; 495000, 3749000; 
495000, 3748900; 495100, 3748900; 495100, 3748800; 495200, 3748800; 
495200, 3748600; 495300, 3748600; 495300, 3748400; 495400, 3748400; 
495400, 3748200; 495500, 3748200; 495500, 3748100; 495600, 3748100; 
495600, 3748000; 495700, 3748000; 495700, 3747900; 495800, 3747900; 
495800, 3747800; 496000, 3747800; 496000, 3747700; 496100, 3747700; 
496100, 3747500; 496000, 3747500; 496000, 3747400; 495800, 3747400; 
495800, 3747300; 495700, 3747300; 495700, 3747200; 495600, 3747200; 
495600, 3747100; 495400, 3747100; 495400, 3747000; 495300, 3747000; 
495300, 3746900; 495100, 3746900; 495100, 3747000; 495200, 3747000; 
495200, 3747100; 495300, 3747100; 495300, 3747200; 495400, 3747200; 
495400, 3747400; 495500, 3747400; 495500, 3747700; 495400, 3747700; 
495400, 3747800; 495300, 3747800; 495300, 3748000; 495200, 3748000;

[[Page 77203]]

495200, 3748100; 495100, 3748100; 495100, 3748300; 495000, 3748300; 
495000, 3748400; 494800, 3748400; 494800, 3748500; 494100, 3748500; 
494100, 3748600; 493500, 3748600; 493500, 3748700; 493000, 3748700; 
493000, 3748800; 492800, 3748800; 492800, 3748900; 492900, 3748900; 
492900, 3749000; 493000, 3749000; 493000, 3749100; excluding land 
bounded by 493000, 3749100; 493100, 3749100; 493100, 3749200; 493000, 
3749200; 493000, 3749100; land bounded by 493600, 3749600; 493600, 
3748900; 493700, 3748900; 493700, 3748800; 493800, 3748800; 493800, 
3749500; 493700, 3749500; 493700, 3749600; 493600, 3749600; and land 
bounded by 494200, 3749100; 494200, 3748600; 494300, 3748600; 494300, 
3749100; 494200, 3749100.
[GRAPHIC] [TIFF OMITTED] TP08DE00.003


[[Page 77204]]


    Map Unit 4: Etiwanda Alluvial Fan and Wash, San Bernardino County, 
California. From USGS 1:24,000 quadrangle maps Fontana (1980), Guasti 
(1981), Devore (1988), and Cucamonga Peak (1988), California, land 
bounded by the following UTM NAD27 coordinates (X, Y): 455000, 3781700; 
455300, 3781700; 455300, 3781500; 455400, 3781500; 455400, 3781300; 
455500, 3781300; 455500, 3781100; 455700, 3781100; 455700, 3781000; 
455800, 3781000; 455800, 3780800; 455500, 3780800; 455500, 3780900; 
455400, 3780900; 455400, 3780800; 455300, 3780800; 455300, 3780500; 
455200, 3780500; 455200, 3780100; 455100, 3780100; 455100, 3778800; 
455000, 3778800; 455000, 3778700; 454600, 3778700; 454600, 3779000; 
454500, 3779000; 454500, 3779200; 454400, 3779200; 454400, 3779400; 
454500, 3779400; 454500, 3780100; 454400, 3780100; 454400, 3780200; 
454200, 3780200; 454200, 3780400; 453900, 3780400; 453900, 3778800; 
454300, 3778800; 454300, 3778000; 454400, 3778000; 454400, 3778100; 
454500, 3778100; 454500, 3778200; 454900, 3778200; 454900, 3778300; 
455000, 3778300; 455000, 3778500; 455100, 3778500; 455100, 3778700; 
455200, 3778700; 455200, 3778800; 455900, 3778800; 455900, 3776100; 
455500, 3776100; 455500, 3775500; 454200, 3775500; 454200, 3775600; 
454100, 3775600; 454100, 3775200; 453600, 3775200; 453600, 3775100; 
453500, 3775100; 453500, 3775000; 453400, 3775000; 453400, 3774900; 
453300, 3774900; 453300, 3774800; 453200, 3774800; 453200, 3774700; 
453100, 3774700; 453100, 3774600; 453000, 3774600; 453000, 3774400; 
452900, 3774400; 452900, 3774200; 452800, 3774200; 452800, 3773900; 
452700, 3773900; 452700, 3773100; 452600, 3773100; 452600, 3773000; 
452100, 3773000; 452100, 3772400; 452700, 3772400; 452700, 3772500; 
453000, 3772500; 453000, 3772100; 452600, 3772100; 452600, 3772000; 
452000, 3772000; 452000, 3770600; 451800, 3770600; 451800, 3769700; 
451700, 3769700; 451700, 3769600; 451600, 3769600; 451600, 3769500; 
451100, 3769500; 451100, 3769800; 451000, 3769800; 451000, 3770300; 
451400, 3770300; 451400, 3770500; 451200, 3770500; 451200, 3770900; 
451400, 3770900; 451400, 3771100; 451700, 3771100; 451700, 3771600; 
450600, 3771600; 450600, 3771400; 450400, 3771400; 450400, 3771300; 
449900, 3771300; 449900, 3771500; 449800, 3771500; 449800, 3772200; 
449900, 3772200; 449900, 3772400; 450500, 3772400; 450500, 3773000; 
450100, 3773000; 450100, 3775600; 450300, 3775600; 450300, 3775900; 
450100, 3775900; 450100, 3776400; 450700, 3776400; 450700, 3775600; 
450800, 3775600; 450800, 3775400; 451400, 3775400; 451400, 3775100; 
452100, 3775100; 452100, 3775200; 452200, 3775200; 452200, 3775500; 
452400, 3775500; 452400, 3775700; 452600, 3775700; 452600, 3776000; 
453000, 3776000; 453000, 3776400; 453400, 3776400; 453400, 3776500; 
453500, 3776500; 453500, 3777100; 453000, 3777100; 453000, 3778000; 
452900, 3778000; 452900, 3778200; 452200, 3778200; 452200, 3778700; 
451800, 3778700; 451800, 3779500; 451500, 3779500; 451500, 3779400; 
451400, 3779400; 451400, 3779300; 451300, 3779300; 451300, 3779200; 
451200, 3779200; 451200, 3779100; 451100, 3779100; 451100, 3779000; 
451000, 3779000; 451000, 3778900; 450900, 3778900; 450900, 3778800; 
451100, 3778800; 451100, 3778000; 451000, 3778000; 451000, 3777100; 
450000, 3777100; 450000, 3777800; 449800, 3777800; 449800, 3777900; 
448300, 3777900; 448300, 3778000; 448200, 3778000; 448200, 3778300; 
448300, 3778300; 448300, 3778500; 448400, 3778500; 448400, 3779400; 
448300, 3779400; 448300, 3779500; 448200, 3779500; 448200, 3779700; 
448100, 3779700; 448100, 3780200; 448300, 3780200; 448300, 3780300; 
447000, 3780300; 447000, 3781500; 448100, 3781500; 448100, 3781400; 
448300, 3781400; 448300, 3781300; 448500, 3781300; 448500, 3781200; 
449100, 3781200; 449100, 3781300; 449800, 3781300; 449800, 3781200; 
450500, 3781200; 450500, 3781300; 450900, 3781300; 450900, 3781400; 
452100, 3781400; 452100, 3781300; 452500, 3781300; 452500, 3781200; 
452800, 3781200; 452800, 3781100; 453000, 3781100; 453000, 3781000; 
453100, 3781000; 453100, 3780900; 454000, 3780900; 454000, 3780800; 
454700, 3780800; 454700, 3780900; 455000, 3780900; 455000, 3781000; 
455100, 3781000; 455100, 3781100; 455200, 3781100; 455200, 3781200; 
455100, 3781200; 455100, 3781600; 455000, 3781600; 455000, 3781700; 
excluding land bounded by 453900, 3776700; 453800, 3776700; 453800, 
3776600; 453900, 3776600; 453900, 3776700; land bounded by 453900, 
3776700; 454100, 3776700; 454100, 3776800; 454300, 3776800; 454300, 
3776900; 454400, 3776900; 454400, 3777000; 454500, 3777000; 454500, 
3777100; 455000, 3777100; 455000, 3777900; 454900, 3777900; 454900, 
3777800; 454800, 3777800; 454800, 3777700; 454700, 3777700; 454700, 
3777600; 454600, 3777600; 454600, 3777500; 454400, 3777500; 454400, 
3777400; 454300, 3777400; 454300, 3777300; 454100, 3777300; 454100, 
3777200; 453800, 3777200; 453800, 3776900; 453900, 3776900; 453900, 
3776700; land bounded by 453300, 3775800; 453300, 3775500; 452700, 
3775500; 452700, 3774700; 452800, 3774700; 452800, 3774800; 452900, 
3774800; 452900, 3774900; 453000, 3774900; 453000, 3775000; 453100, 
3775000; 453100, 3775100; 453200, 3775100; 453200, 3775200; 453300, 
3775200; 453300, 3775300; 453400, 3775300; 453400, 3775400; 453500, 
3775400; 453500, 3775500; 453600, 3775500; 453600, 3775600; 453700, 
3775600; 453700, 3775700; 453800, 3775700; 453800, 3775800; 453300, 
3775800; land bounded by 452300, 3774600; 452300, 3774400; 451900, 
3774400; 451900, 3774300; 452400, 3774300; 452400, 3774400; 452500, 
3774400; 452500, 3774500; 452600, 3774500; 452600, 3774600; 452300, 
3774600; and land bounded by 450900, 3773800; 450900, 3773700; 450800, 
3773700; 450800, 3773600; 450700, 3773600; 450700, 3773500; 451000, 
3773500; 451000, 3773000; 450700, 3773000; 450700, 3772400; 451000, 
3772400; 451000, 3771900; 451700, 3771900; 451700, 3772700; 451800, 
3772700; 451800, 3773000; 451900, 3773000; 451900, 3773300; 452000, 
3773300; 452000, 3773500; 452100, 3773500; 452100, 3773800; 450900, 
3773800.

[[Page 77205]]

[GRAPHIC] [TIFF OMITTED] TP08DE00.004


[[Page 77206]]


    Map Unit 5: Reche Canyon, San Bernardino County, California. From 
USGS 1:24,000 quadrangle map San Bernardino South (1980), California, 
land bounded by the following UTM NAD27 coordinates (X, Y): 474200, 
3767800; 474400, 3767800; 474400, 3767200; 474100, 3767200; 474100, 
3767100; 474000, 3767100; 474000, 3767000; 473800, 3767000; 473800, 
3766700; 473900, 3766700; 473900, 3766600; 474000, 3766600; 474000, 
3766500; 474100, 3766500; 474100, 3766200; 474200, 3766200; 474200, 
3765800; 474100, 3765800; 474100, 3765700; 473600, 3765700; 473600, 
3766100; 473500, 3766100; 473500, 3767100; 473400, 3767100; 473400, 
3767200; 473300, 3767200; 473300, 3767400; 473200, 3767400; 473200, 
3767500; 473400, 3767500; 473400, 3767600; 473900, 3767600; 473900, 
3767700; 474200, 3767700; 474200, 3767800.
[GRAPHIC] [TIFF OMITTED] TP08DE00.005


[[Page 77207]]


    Map Unit 6: Jurupa Hills--South Bloomington, San Bernardino and 
Riverside Counties, California. From USGS 1:24,000 quadrangle map 
Fontana (1980), California, land bounded by the following UTM NAD27 
coordinates (X, Y): 459800, 3769000; 460900, 3769000; 460900, 3768500; 
461100, 3768500; 461100, 3767500; 461500, 3767500; 461500, 3767600; 
461600, 3767600; 461600, 3767900; 461800, 3767900; 461800, 3767700; 
462200, 3767700; 462200, 3767600; 462300, 3767600; 462300, 3767500; 
462900, 3767500; 462900, 3767200; 463000, 3767200; 463000, 3766900; 
462300, 3766900; 462300, 3766700; 462800, 3766700; 462800, 3766600; 
463200, 3766600; 463200, 3766400; 463300, 3766400; 463300, 3766300; 
463600, 3766300; 463600, 3766100; 463700, 3766100; 463700, 3766000; 
463800, 3766000; 463800, 3765900; 463900, 3765900; 463900, 3765800; 
464000, 3765800; 464000, 3765600; 463700, 3765600; 463700, 3765700; 
463300, 3765700; 463300, 3765600; 463100, 3765600; 463100, 3765700; 
463000, 3765700; 463000, 3766000; 462900, 3766000; 462900, 3766100; 
462600, 3766100; 462600, 3766000; 462500, 3766000; 462500, 3765900; 
462400, 3765900; 462400, 3765800; 462300, 3765800; 462300, 3765700; 
462200, 3765700; 462200, 3765600; 461800, 3765600; 461800, 3765700; 
461500, 3765700; 461500, 3765600; 461400, 3765600; 461400, 3765500; 
461300, 3765500; 461300, 3765400; 461200, 3765400; 461200, 3765300; 
461100, 3765300; 461100, 3765200; 460700, 3765200; 460700, 3765300; 
460600, 3765300; 460600, 3765200; 460200, 3765200; 460200, 3765400; 
460100, 3765400; 460100, 3765500; 460000, 3765500; 460000, 3765700; 
459900, 3765700; 459900, 3765800; 459800, 3765800; 459800, 3766800; 
459600, 3766800; 459600, 3766900; 459400, 3766900; 459400, 3766800; 
459200, 3766800; 459200, 3766600; 458900, 3766600; 458900, 3766700; 
458200, 3766700; 458200, 3766600; 458100, 3766600; 458100, 3766500; 
458000, 3766500; 458000, 3766400; 457900, 3766400; 457900, 3766200; 
457800, 3766200; 457800, 3766100; 457700, 3766100; 457700, 3765900; 
457600, 3765900; 457600, 3765500; 457500, 3765500; 457500, 3765300; 
457400, 3765300; 457400, 3765200; 457300, 3765200; 457300, 3765100; 
457100, 3765100; 457100, 3765200; 457000, 3765200; 457000, 3765300; 
456900, 3765300; 456900, 3765500; 456800, 3765500; 456800, 3766000; 
456700, 3766000; 456700, 3766200; 456600, 3766200; 456600, 3766300; 
456500, 3766300; 456500, 3766400; 456400, 3766400; 456400, 3766700; 
456300, 3766700; 456300, 3766800; 455900, 3766800; 455900, 3766900; 
455700, 3766900; 455700, 3767000; 455600, 3767000; 455600, 3767100; 
455500, 3767100; 455500, 3767300; 455700, 3767300; 455700, 3767400; 
456100, 3767400; 456100, 3768000; 457400, 3768000; 457400, 3767300; 
459000, 3767300; 459000, 3767500; 459800, 3767500; 459800, 3769000; 
excluding land bounded by 459900, 3767200; 459900, 3767000; 460000, 
3767000; 460000, 3766900; 460100, 3766900; 460100, 3766800; 460200, 
3766800; 460200, 3766600; 460300, 3766600; 460300, 3766000; 460200, 
3766000; 460200, 3765900; 460300, 3765900; 460300, 3765800; 460400, 
3765800; 460400, 3765700; 460600, 3765700; 460600, 3765600; 460800, 
3765600; 460800, 3765700; 461000, 3765700; 461000, 3765800; 461100, 
3765800; 461100, 3765900; 461200, 3765900; 461200, 3766000; 461300, 
3766000; 461300, 3766300; 461200, 3766300; 461200, 3766800; 461300, 
3766800; 461300, 3767000; 461200, 3767000; 461200, 3767200; 459900, 
3767200; and land bounded by 456900, 3767100; 456900, 3766800; 456800, 
3766800; 456800, 3766700; 456700, 3766700; 456700, 3766400; 456800, 
3766400; 456800, 3766300; 457000, 3766300; 457000, 3766000; 457200, 
3766000; 457200, 3766200; 457300, 3766200; 457300, 3766300; 457400, 
3766300; 457400, 3766500; 457500, 3766500; 457500, 3766700; 457700, 
3766700; 457700, 3766800; 457800, 3766800; 457800, 3766900; 457900, 
3766900; 457900, 3767000; 458900, 3767000; 458900, 3767100; 456900, 
3767100.

[[Page 77208]]

[GRAPHIC] [TIFF OMITTED] TP08DE00.006


    Dated: December 1, 2000.
Kenneth L. Smith,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-31175 Filed 12-7-00; 8:45 am]
BILLING CODE 4310-55-P