[Federal Register Volume 66, Number 217 (Thursday, November 8, 2001)]
[Proposed Rules]
[Pages 56508-56531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28042]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AG75


Endangered and Threatened Wildlife and Plants; Proposed 
Designation of Critical Habitat for Chlorogalum purpureum, a Plant From 
the South Coast Ranges of California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
designate critical habitat pursuant to the Endangered Species Act of 
1973, as amended (Act), for two varieties of purple amole: Chlorogalum 
purpureum var. purpureum (purple amole) and Chlorogalum purpureum var. 
reductum (Camatta Canyon amole). Approximately 8,898 hectares (21,980 
acres) of land fall within the boundaries of the proposed critical 
habitat designation. Proposed critical habitat is located in Monterey 
and San Luis Obispo counties, California. If this proposal is made 
final, Federal agencies must ensure that actions they fund, permit, or 
carry out are not likely to result in the destruction or adverse 
modification of critical habitat. State or private actions, with no 
Federal involvement, would not be affected by this rulemaking action.
    We are soliciting data and comments from the public on all aspects 
of this proposal, including data on economic and other impacts of the 
designation. We may revise this proposal to incorporate or address new 
information received during the comment period.

DATES: We will accept comments until January 7, 2002. Public hearing 
requests must be received by December 24, 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, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 2493 Portola Road, Suite B, Ventura, California 93003.
    2. You may also send comments by electronic mail (e-mail) to 
[email protected]. See the Public Comments Solicited section below 
for file format and other information about electronic filing.
    3. You may hand-deliver comments to our Ventura Fish and Wildlife 
Office, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, 
Ventura, CA 93003.
    Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Heidi E. D. Crowell, Ventura Fish and 
Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola Road, 
Suite B, Ventura, CA 93003 (telephone 805/644-1766; facsimile 805/644-
3958).

SUPPLEMENTARY INFORMATION:

Background

    The genus Chlorogalum is a member of Liliaceae (lily family). 
Chlorogalum purpureum is endemic to clay soils that occur in the south 
coast ranges of Monterey and San Luis Obispo counties. Chlorogalum 
purpureum var. purpureum (purple amole) occurs in the Santa Lucia Range 
of southern Monterey County on lands managed by the U.S. Army Reserve 
(Army Reserve) at Fort Hunter Liggett, and in northern San Luis Obispo 
County on lands managed by the California Army National Guard (CANG) at 
Camp Roberts. Chlorogalum purpureum var. reductum (Camatta Canyon 
amole) occurs in one region of the La Panza Range of San Luis Obispo 
County on both private lands, and public lands managed by the U.S. 
Forest Service on the Los Padres National Forest (LPNF) and California 
Department of Transportation (Caltrans). The two varieties of 
Chlorogalum were listed as threatened species on March 20, 2000 (65 FR 
14878).
    Chlorogalum purpureum is a low-growing lily that forms a rosette at 
the base of the plant (basal rosette) that is made up of linear and 
flat, bright green leaves. It is the only member of the genus 
Chlorogalum with bluish-purple flowers that open during daytime hours. 
In contrast, C. pomeridianum (common soap plant) has white flowers that 
open in the twilight or at night (Wilken 2000, Jernstedt 1993). 
Chlorogalum purpureum produces a rosette of typically 4 to 7 basal 
leaves that are 2 to 5 millimeters (mm) (0.1 to 0.2 inch (in)) wide 
with wavy margins. The bulb is between 2.5 and 3 centimeters (cm) (0.98 
to 1.2 in) and is found in the upper few inches of soil. The 
inflorescence (flower-cluster of a plant or arrangement of the flowers 
on the flowering stalk) produces bluish-purple flowers in a raceme 
(single stem with multiple branches). Each flower has six ovules 
(structure that develops into a seed if fertilized), six tepals (petals 
and sepals that appear similar), and six stamens (pollen producing male 
organs) with bright yellow anthers (pollen sacs). Most fruits that have 
been examined, both in the field and under cultivation, produce between 
three and six seeds (D. Wilken, Santa Barbara Botanic Garden, in litt. 
2001). Chlorogalum purpureum var. purpureum has an inflorescence that 
is 25 to 40 cm (10 to 16 in) high, in contrast to C. p. var. reductum 
which has a shorter inflorescence that is 10 to 20 cm (4 to 8 in) high 
(Wilken 2000, Hoover 1964, Jernstedt 1993). Studies are currently 
underway to examine the phylogenetic relationships within Chlorogalum 
species (D. Wilken, in litt. 2001).
    Chlorogalum purpureum is a summer-dormant perennial herb that forms 
a bulb. The inflorescence develops during early spring, followed by 
flowering and fruit development during May and June. By the time the 
fruit has matured, the leaves wither and the inflorescence dries and 
turns light brown in color. Reproduction is primarily by seed, and the 
seed set apparently increases with insect pollination (D. Wilken, in 
litt. 1998). Like other members of the lily family, C. purpureum is 
probably in a mycorrhizal relationship with a fungus (a close 
association between the plant and soil fungus, where the fungus aids in 
nutrient and water uptake), which can alter growth and competitive

[[Page 56509]]

interactions between species (Allen 1991). The taxon also frequently 
grows on soils that are cryptogamic or have cryptogamic crusts; 
cryptogamic crusts consist of nonvascular photosynthetic plants 
(primarily cyanobacteria, green algae, lichens, and mosses) that 
protect the soils from erosion, aid in water infiltration, augment 
sites for seed germination, aid in carbon and nitrogen fixation, and 
increase soil nutrients (Beymer 1992, Belnap et al. 2001). These 
special crusts may enhance the habitat conditions, thus increasing the 
likelihood that young bulbs will survive over the long term. Although 
the relationship is not well understood and more research is needed, 
cryptogamic crusts are also known to decrease annual weed growth 
(Belnap et al. 2001).

Chlorogalum purpureum var. purpureum

    Chlorogalum purpureum var. purpureum is located on Fort Hunter 
Liggett and Camp Roberts military lands, which are located on the 
eastern side of the Santa Lucia Range in southern Monterey County. The 
known populations primarily exist within an open grassland community, 
with a smaller number of individuals found within scattered oak 
woodland communities and open areas within shrubland communities. A low 
amount of cover of other herbaceous grasses and herbs is present, 
possibly reducing the competition for resources. Cryptogamic crusts are 
frequently found in areas where Chlorogalum purpureum var. purpureum 
occurs (B. Painter, The Jepson Herbarium, pers. comm. 2001).
    The species was first described by Townsend Stith Brandegee in 
1893. Following the initial collection and description, historic 
occurrences of plants were identified at ``Milpitas Ranch'', ``the 
plain west of Jolon'', ``near Jolon'', ``open grassy areas near 
Jolon'', and a number of other locations within what is currently Fort 
Hunter Liggett property (Hoover 1940; Skinner and Pavlik 1994; Matthews 
1997 and Painter 1999 in Wilken 2000). Although currently known to 
exist only on military property at Fort Hunter Liggett and Camp 
Roberts, recent surveys along the boundary of Training Area 13 at Fort 
Hunter Liggett suggest that the species may be found on privately owned 
property adjacent to Fort Hunter Liggett (Wilken 2000).
    While a thorough survey of the installation has not yet been 
completed. Chlorogalum purpureum var. purpureum has been found at a 
number of sites on Fort Hunter Liggett, including the cantonment, 
Ammunition Supply Point (ASP), and Training Areas 10, 13, 22, 23, 24, 
and 25. Surveys of Chlorogalum purpureum var. purpureum conducted at 
Fort Hunter Liggett have found the plants to occur in scattered 
clusters. Recent surveys have characterized the species habitat, 
including topography, microhabitat communities, and general soil types. 
Depending on the location, plants may occur on both deep and relatively 
thin soils, which are frequently cryptogamic (dominated by 
cyanobacteria) (B. Painter, pers. comm. 2001). Most of the soils are 
loamy and are underlain by clay, but fine gravel, generally less than 5 
mm (0.2 in) in diameter, is also sometimes present (Wilken 2000). 
Cryptogamic crusts with a dominant component of cyanobacteria are 
observed frequently on the installation, in addition to a substantial 
number of mosses in the cantonment area (B. Painter, pers. comm. 2001). 
Cyanobacterial organisms within a cryptogamic crust may be visible as 
black filaments on or near the soils surface, primarily when soil 
conditions are moist (Belnap et al. 2001). During surveys conducted in 
2000, most (78 percent) of the sites where the species occurs were 
associated with flat topography, with the majority of the others on 
slopes of less than 10 percent (Wilken 2000). The sites are most 
frequently within small basins or along the base of hills, with a few 
populations occurring along ridge-top terraces (H. Crowell, Service, 
pers. obs.; D. Wilken, in litt., 2001). These areas are between 300 and 
620 meters (m) (1,000 and 2,050 feet (ft)) in elevation. Examination of 
digital data shows a small percentage of plants occur on slopes up to 
50 percent at Fort Hunter Liggett. No strong association appears to 
exist with respect to slope aspect (Wilken 2000). These characteristics 
of topography, elevation, and soil type support the following 
associated species: Agoseris grandiflora (bigflower agoseris), Aira 
caryophylla (silver European hairgrass), Bromus hordeaceus (soft 
brome), Castilleja densiflora (dense flower Indian paintbrush), Clarkia 
speciosa (redspot clarkia), Erodium spp. (storksbill, filaree), 
Hypochaeris glabra (smooth cat's-ear), Lasthenia californica 
(goldfields), Linanthus liniflorus (narrow flowered flaxflower), 
Micropus californicus (slender cottonweed), and Navarretia spp. 
(pincushion plant). Of the known sites surveyed in 2000, approximately 
42 percent were found in grassland communities, 29 percent were found 
between tree canopies in oak savanna or woodland communities, 13 
percent were found to occur along ecotones between grassland and either 
oak woodland or shrubland communities, and the remaining were located 
within open areas between shrub species, most commonly Eriogonum 
fasciculatum (California buckwheat) and Adenostoma fasciculatum 
(chamise)(Wilken 2000). Within the grassland community, the most common 
grass species (e.g., A. caryophylla and B. hordeaceus) did not always 
dominate in terms of frequency or cover; the most frequent species were 
annual dicotyledons (plants with a pair of embryonic seed leaves that 
appear at germination) such as L. californica, L. liniflorus, and M. 
californicus (Wilken 2000).
    Although a thorough survey of the installation has not been 
completed, surveys conducted at Camp Roberts have found Chlorogalum 
purpureum var. purpureum at one location on the west side of the 
installation, highly correlated with and almost entirely restricted to 
claypan soils which are frequently cryptogamic. The C. p. var. 
purpureum population (estimated at 10,000 individuals in 2000) at Camp 
Roberts occupies approximately 81 hectares (ha) (200 acres (ac)) and 
occurs in annual grasslands north of the Nacimiento River in Training 
Areas O2 and O3 (CANG 2001). Chlorogalum purpureum var. purpureum 
predominately occurs on soils with a high concentration of pebbles or 
gravel underlain by hard-packed clay (CANG 2001). The claypan soils are 
of the Placentia complex (sandy loam soils, underlain by clay soils, 
which become very hard and friable on a 5 to 9 percent slope), with a 
much smaller percentage of plants occurring on the Arbuckle-Positas 
complex (very deep, well-drained sandy and gravelly loam soils with a 9 
to15 percent slope) (USDA 2000, CANG 2001). As at Fort Hunter Liggett, 
the frequently observed cryptogamic soil crusts are composed primarily 
of cyanobacteria (B. Painter, pers. comm. 2001). The elevation of the 
C. p. var. purpureum population is lower than what is found at Fort 
Hunter Liggett, ranging between 244 and 256 m (800 and 840 ft) at Camp 
Roberts. At Camp Roberts, C. p. var. purpureum occupies microhabitat 
sites found within open grasslands or surrounded by scattered oak 
woodlands. Little cover by other herbaceous grasses and forbes is 
present. Common plant associations include Erodium spp., Hemizonia spp. 
(tarplant, tarweed), Trichostema lanceolatum (vinegar weed), 
Eremocarpus setigerus (turkey mullein, dove weed), Bromus spp. (brome), 
Amsinckia spp. (fiddleneck), and

[[Page 56510]]

Nassella spp. (needlegrass) (J. Olson in CANG 2001). During recent 
surveys, Erodium spp. was the most common associate (J. Olson in CA 
ARNG 2001). Based on their recent surveys, Camp Roberts believes 
grazing by sheep (through a Camp Roberts agricultural lease) may be 
beneficial to C. p. var. purpureum by reducing competition from other 
herbaceous species (CANG 2000). However, more studies are needed to 
test this hypothesis.

Chlorogalum purpureum var. reductum

    Chlorogalum purpureum var. reductum has been found at only two 
sites in central San Luis Obispo County. The larger site, located near 
Camatta Canyon, is adjacent to the two-lane State highway 58 on a 
narrow, flat-topped ridge that supports blue oak savannah on Forest 
Service lands within the LPNF. The population continues north of the 
highway on private lands. A few plants (213 individuals counted in 
2000) also exist on the right-of-way along the highway, which is 
designated as a Botanical Management Area by CalTrans (J. Luchetta, 
Department of Transportation, in litt. 2001). The taxon occurs on hard, 
red claypan soils on flat or gently sloping terrain. Chlorogalum 
purpureum var. reductum occupies microhabitat sites found within open 
grasslands, oak woodlands and oak savannah (Quercus douglasii), and 
open areas between shrub species, most commonly Adenostoma fasciculatum 
(chamise) (Borchert 1981, Warner 1991). Cover from other herbaceous 
species is minimal, with most herbaceous species not growing above 10 
cm (4 in) high. As with C. p. var. purpurem, plants appear to be 
associated with a cryptogamic crust (B. Painter, pers. comm. 1998). The 
elevation of the larger site population, located near Camatta Canyon, 
is between 305 and 625 m (1,000 and 2,050 ft). This population is 
estimated to cover approximately 3 ha (8 ac) on the south side of the 
highway, with likely a smaller amount of area on private property on 
the north side of the highway (USFWS 2001). Site visits during 2001 
revealed a decrease in the number of flowering plants compared to 1994 
and 1995 (A. Koch, California Department of Fish and Game, pers. comm. 
2001). The second site is located approximately 5 to 8 kilometers (km) 
(3 to 5 miles (mi)) south of the large site and occupies less than 0.1 
ha (0.25 ac), consisting of several hundred plants in two or more 
patches on private land (USFWS 2001; A. Koch, pers. comm. 2001).
    On LPNF land, relative cover of other herbaceous grasses and forbes 
is low, with these associated plants being generally less than 10 cm (4 
in) high (Borchert 1981). The soil type in this area has been described 
as well-drained red clay that contains a large amount of gravel and 
pebbles (Hoover 1964, Lopez 1992). A soil survey at LPNF found this 
general area to be made up of the Modesto-Yorba-Agua Dulce families of 
soils. Modesto soils (30 percent) are soft, grayish-brown coarse sandy 
loams with 10 percent pebbles. Yorba soils (30 percent) are slightly 
hard, light olive-brown loams with 10 percent pebbles. Agua Dulce soils 
(25 percent) are soft, brown sandy loams with 10 percent pebbles and 2 
percent cobbles (USDA 1993). However, this soil survey may have been 
too general to have captured the exact soil type at this site. A 
substantial amount of gopher activity has been observed surrounding, 
but not within, the large Chlorogalum purpureum var. reductum 
population, suggesting that the hard soils where the plant occurs are 
difficult for gophers to move through (M. Borchert, LPNF, pers. comm., 
2001). Native plants associated with Chlorogalum purpureum var. 
reductum include Achyrachaena mollis (blow-wives), Adenostoma 
fasciculatum (chamise), Allium spp. (onion, garlic), Brodiaea coronaria 
(crown brodiaea), Calystegia malacophylla (morning-glory, Sierra false 
bindweed), Clarkia purpurea (winecup clarkia), Crassula erecta (= 
Crassula connata var. connata, sand pygmy weed), Dichelostemma 
pulchellum (= Dichelostemma capitatum ssp. capitatum, blue dicks), 
Erigonum elongatum (wild or longstem buckwheat), Eriogonum fasciculatum 
(California buckwheat), Lasthenia chrysostoma (goldfields), Layia 
platyglossa (tidy-tips), Lepidium spp. (peppergrass, pepperwort), 
Linanthus liniflorus (narrow flowered flaxflower), Lupinus concinnus 
(Bajada lupine), Lupinus spp. (lupine), Malacothrix spp. (desert 
dandelion), Matricaria matricarioides (pineapple weed), Micropus 
californicus (q tips), Orthocarpus densiflorus (= Castilleja densiflora 
ssp. densiflora, dense flower Indian paintbrush), Orthocarpus spp. 
(Indian paintbrush, owl's clover), Pinus sabiniana (gray or foothill 
pine), Plagiobothrys nothofulvus (popcornflower), Poa spp. (bluegrass), 
Quercus garryana (Oregon oak), Sanicula bipinnatifida (purple sanicle, 
shoe buttons), Sanicula spp. (sanicle), Vulpia pacifica (= Vulpia 
microstachys var. pauciflora, Pacific fescue), Vulpia reflexa (= Vulpia 
microstachys var. pauciflora, Pacific fescue), and Zigadenus spp. 
(death camas); and nonnative plants, including Avena barbata (slender 
wild oat), Bromus hordeaceus (soft brome), Bromus rubens (red brome), 
Erodium botrys (storksbill, filaree), Erodium moschatum (storksbill, 
filaree), Hypochaeris glabra (smooth cat's ear), and Schismus barbatus 
(Mediterranean grass).
    Chlorogalum purpureum var. purpureum and C. p. var. reductum appear 
to be narrowly distributed. Some discontinuities in their distribution 
are likely due to unsuitable intervening habitat and establishment of 
roadways that fragment the populations. In addition, C. p. var. 
purpureum distribution was likely affected by the settlement of Jolon 
in Monterey County, row crop farming, establishment of invasive plant 
species such as Centuarea solstitialis (yellow star-thistle) and a 
number of nonnative grasses, establishment of military training 
facilities at Fort Hunter Liggett and Camp Roberts, and possibly the 
establishment of the San Antonio Reservoir in southern Monterey County. 
Habitats for both varieties of Chlorogalum may change as a result of 
rainfall, fires, and other naturally occurring events. These factors 
may cause the habitat suitability of given areas to vary over time, 
thus affecting the distribution of C. p. var. purpureum and C. p. var. 
reductum.

Previous Federal Action

    Federal actions for Chlorogalum purpureum began when a report 
(House Doc. No. 94-51) of plants considered to be endangered, 
threatened, or extinct in the United States was prepared by the 
Smithsonian Institute and presented to Congress on January 9, 1975. 
Both C. p. var. purpureum and C. p. var. reductum were included as 
endangered plant species. On July 1, 1975, the Service published a 
notice in the Federal Register (40 FR 27823) stating its acceptance of 
the report as a petition within the context of section 4(c)(2) 
(petition provisions are now found in section 4(b)(3)) of the Act and 
its intention to review the status of the plant taxa named therein.
    On June 16, 1976, the Service published a proposed rule in the 
Federal Register (41 FR 24523) to determine approximately 1,700 
vascular plant species to be endangered species pursuant to section 4 
of the Act. This list included Chlorogalum purpureum var. purpureum and 
C. p. var. reductum based on comments and data received by the 
Smithsonian Institution and the Service in response to House Document 
No. 94-51 and the July 1, 1975, Federal Register publication. In 1978, 
amendments to the Endangered Species Act required that all proposals 
more than two years old be withdrawn. On

[[Page 56511]]

December 10, 1979, the Service withdrew the portion of the June 16, 
1976 proposal that had not been made final, including C. p. var. 
purpureum and C. p. var. reductum.
    On December 15, 1980, the Service published an updated Candidate 
Notice of Review for plants (45 FR 82480) which included Chlorogalum 
purpureum var. purpureum and C. p. var. reductum as category 2 
candidates (species for which data in our possession indicate listing 
may be appropriate, but for which additional biological information is 
needed to support a proposed rule). Both Chlorogalum taxa were included 
in the revised plant notices of review that were published on September 
27, 1985 (50 FR 39526), February 21, 1990 (55 FR 6184), and September 
30, 1993 (58 FR 51144) as category 1 candidates (species for which we 
had on file sufficient information on biological vulnerability and 
threats to support the preparation of listing proposals, but issuance 
of the proposed rule was precluded by other pending listing proposals 
of higher priority).
    The proposed rule to list both varieties of Chlorogalum purpureum 
as threatened species was published in the Federal Register on March 
30, 1998 (63 FR 15158). The final rule listing them as threatened was 
published in the Federal Register on March 20, 2000 (65 FR 14878).
    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 
the species is determined to be endangered or threatened. Our 
regulations (50 CFR 424.12(a)(1)) state that 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. At the time Chlorogalum 
purpureum was listed, we found that designation of critical habitat was 
prudent but not determinable, and that we would designate critical 
habitat once we had gathered the necessary data.
    On June 17, 1999, our failure to issue final rules for listing 
Chlorogalum purpureum and eight other plant species as endangered or 
threatened, and our failure to make a final critical habitat 
determination for the 9 species was challenged in Southwest Center for 
Biological Diversity and California Native Plant Society v. Babbitt 
(Case No. C99-2992 (N.D.Cal.)). On May 22, 2000, the judge signed an 
order for the Service to propose critical habitat for the species by 
September 30, 2001. Subsequently, the parties agreed to extend the 
deadline to submit for publication in the Federal Register a proposed 
critical habitat designation to November 2, 2001.

Critical Habitat

    Critical habitat is defined in section 3(5)(A) 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. Areas outside the geographic area currently occupied by the 
species shall be designated as critical habitat only when a designation 
limited to its present range would be inadequate to ensure the 
conservation of the species.
    Conservation is defined in section 3(3) of the Act as the use of 
all methods and procedures which are necessary to bring any endangered 
or threatened species to the point at which listing under the Act is no 
longer necessary. Regulations under 50 CFR 424.02(j) define special 
management considerations or protection to mean any methods or 
procedures useful in protecting the physical and biological features of 
the environment for the conservation of listed species.
    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 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)). We also need to determine if the primary constituent 
elements may require special management considerations or protection.
    When we designate critical habitat at the time of listing, as 
required under Section 4 of the Act, or under short court-ordered 
deadlines, we may not have the information necessary to identify all 
areas which are essential for the conservation of the species. 
Nevertheless, we are required to designate those areas we know to be 
critical habitat, using the best information available to us.
    Within the geographic area occupied by the species, we will 
designate only areas currently known to be essential. Essential areas 
should already have the features and habitat characteristics that are 
necessary to sustain the species. We will not speculate about what 
areas might be found to be essential if better information became 
available, or what areas may become essential over time. If the 
information available at the time of designation does not show that an 
area provides essential life cycle needs of the species, then the area 
should not be included in the critical habitat designation. Within the 
geographic area occupied by the species, we will not designate areas 
that do not now have the primary constituent elements, as defined at 50 
CFR 424.12(b), which provide essential life cycle needs of the 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)). Accordingly, we do not designate critical habitat in 
areas outside the geographic area occupied by the species unless the 
best available scientific and commercial data demonstrate that the 
unoccupied areas are essential for the conservation needs of the 
species.
    Our 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 our decisions represent the best scientific and commercial 
data available. It requires our 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, biological assessments, 
unpublished materials, and expert opinion or personal knowledge.

Methods

    As required by the Act and regulations (section 4(b)(2) and 50 CFR

[[Page 56512]]

424.12) we used the best scientific information available to determine 
areas that contain the physical and biological features that are 
essential for the survival and recovery of Chlorogalum purpureum. This 
information included data from the California Natural Diversity Data 
Base, soil survey maps (Soil Conservation Service 1978, 1979), recent 
biological surveys, reports and aerial photos, additional information 
provided by interested parties, and discussions with botanical experts. 
We also conducted site visits at locations managed by Federal agencies, 
including Fort Hunter Liggett, Camp Roberts, and LPNF.

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 consider those physical and biological features (primary 
constituent elements) that are essential to the conservation of the 
species and that may require special management considerations or 
protection. These include, but are not limited to--space for individual 
and population growth, and for normal behavior; food, water, air, 
light, minerals or other nutritional or physiological requirements; 
cover or shelter; sites for breeding, reproduction, or rearing of 
offspring, germination, or seed dispersal; and habitats that are 
protected from disturbance or are representative of the known historic 
geographical and ecological distributions of a species.
    Changes in the habitat of both varieties of Chlorogalum purpureum 
have occurred due to alteration of lands, direct loss of plants due to 
construction, widening of roads, displacement by nonnative annual 
grasses, inappropriate livestock grazing, and potentially by alteration 
of fire cycles. Livestock grazing may be detrimental to this taxon 
depending on the intensity of livestock use and the extent to which 
livestock congregate in the population area. Special management for 
critical habitat may be needed for conditions where indirect, negative 
impacts from recreation, military activities, and competition from 
nonnative annual grasses occur. These activities will likely destroy 
any cryptogamic crusts that are present, thus negatively affecting 
vascular plant germination and decreasing the amount of nutrients 
available for proper plant development (Belnap et al. 2001). In 
addition to indirect impacts, direct loss of individual plants can 
occur due to military training activities at Fort Hunter Liggett and 
Camp Roberts, and off-road vehicle (ORV) use at LPNF. The habitat that 
supports both varieties of C. purpureum should have little to no soil 
surface disturbance. Soil surface disturbance will likely result in the 
death of seeds, seedlings and adult plants through burial or grinding. 
Death of seeds, plants and any cryptogamic crust organisms can occur 
depending on the severity, size, frequency, and timing of soil 
disturbance. Vehicles and trampling will compress the surface and could 
influence the ability of seedlings to establish. In addition, tracked 
vehicles will turn over soils, thus killing any adult plants or 
seedlings by damaging any bulbs that are in their first years of growth 
and burying any crustal organisms that were present.
    Based on our knowledge to date, the primary constituent elements of 
critical habitat for Chlorogalum purpureum var. purpureum consist of, 
but are not limited to:
    (1) Soils that are mostly gravelly to sandy and well drained on the 
surface, are underlain by clay soils, and are frequently cryptogamic;
    (2) Plant communities that support associated species, including 
valley and foothill grassland (most similar to the needlegrass series 
and California annual grassland series in Sawyer and Keeler-Wolf 
(1995)), blue oak woodland (Quercus douglasii) or oak savannahs 
(Holland 1986), and open areas within shrubland communities (most 
similar to the Chamise series in Sawyer and Keeler-Wolf (1995), 
although percent cover of chamise at known Chlorogalum purpureum var. 
purpureum areas is unknown). Within these vegetation community types, 
C. p. var. purpureum appears where there is little cover of other 
species which compete for resources available for growth and 
reproduction; and,
    (3) Areas of sufficient size and configuration to maintain 
ecosystem functions and processes, such as pollinator activity between 
existing colonies, hydrologic regime, appropriate predator-prey 
populations to prevent excessive herbivory, and seed dispersal 
mechanisms between existing colonies and other potentially suitable 
sites.
    Based on our knowledge to date, the primary constituent elements of 
critical habitat for Chlorogalum purpureum var. reductum include the 
following components:
    (1) Well-drained, red clay soils with a large component of gravel 
and pebbles on the upper soil surface, and are frequently cryptogamic;
    (2) Plant communities that support the appropriate associated 
species, including grassland (most similar to the California annual 
grassland series in Sawyer and Keeler-Wolf (1995) or the pine bluegrass 
grassland, non-native grassland and wildflower field descriptions in 
Holland (1986)), blue oak woodland (Quercus douglasii) or oak savannahs 
(Holland 1986), oak woodland (Quercus douglasii), oak savannahs, and 
open areas within shrubland communities (most similar to the Chamise 
series in Sawyer and Keeler-Wolf (1995), although percent cover of 
chamise at known Chlorogalum purpureum var. reductum areas is unknown). 
Within these vegetation communities C. p. var. reductum appears where 
there is little cover of other species which compete for resources 
available for growth and reproduction; and,
    (3) Areas of sufficient size and configuration to maintain 
ecosystem functions and processes, such as pollinator activity between 
existing colonies, hydrologic regime, appropriate predator-prey 
populations to prevent excessive herbivory, and seed dispersal 
mechanisms between existing colonies and other potentially suitable 
sites.

Criteria Used To Identify Critical Habitat

    Critical habitat being proposed for Chlorogalum purpureum var. 
purpureum includes the only known two areas where the species currently 
occurs, the Fort Hunter Liggett Unit and Camp Roberts Unit. These units 
were delineated with a GIS model using ArcView. The GIS model 
identified areas with the combination of appropriate soils, a slope of 
20 percent or less, and a habitat type of either grassland, oak 
woodland, oak savannah, or open areas within shrubland communities. We 
selected only those areas identified in the model which included known 
populations of C. p. var. purpureum. The area boundary was then 
extended to the nearest ridgeline in order to encompass the land 
immediately adjacent to and upslope of the area identified by the 
model. In locations where using a ridgeline was not feasible or was 
inappropriate, other geographic or man-made structures were used to 
delineate the critical habitat boundary, such as riverbeds, an abrupt 
change in elevation, or roads. This ensures that the proposed critical 
habitat included all the PCEs, especially the maintenance of ecosystem 
functions and processes essential to the conservation of the species.
    It is essential to manage these areas in a manner that provides for 
the conservation of the species. This includes not only the area where 
the species is currently present, but providing for the natural 
population

[[Page 56513]]

fluctuations that occur in response to natural and unpredictable 
events. As described in the Background and Primary Constituent Elements 
sections, the species is dependant on habitat components beyond the 
immediate areas on which the plant occurs. These components include the 
specific soil types, the supporting vegetation communities with which 
the species is associated, and sufficient habitat areas to support the 
ecological processes on which the species depends. These ecological 
processes include hydrologic regimes on which the plant and supporting 
community depend, maintaining the reproductive capability of the plant 
by providing a diverse habitat community that supports the appropriate 
pollinators and seed dispersal mechanisms, providing sufficient areas 
of appropriate habitat so that the plant can expand and recolonize 
areas, maintaining natural predator-prey relationships that promote 
species' survivorship, and reducing competition from exotic species or 
aggressive species responding to unnatural habitat management 
practices. Since the species only occurs in the two units, providing 
for the specific biological needs of the species, as defined by the 
primary constituent elements, within the units is essential for the 
conservation of the species.
    Critical habitat being proposed for Chlorogalum purpureum var. 
reductum includes one unit, the Camatta Canyon unit, which currently 
supports two known populations of this species. Limited data on soils 
and habitats were available for delineating the critical habitat 
boundaries for C. p. var. reductum. No GIS data layers were available 
to create a combined soil, slope and vegetation model such as that 
created for C. p. var. purpureum. Therefore, the critical habitat 
designation is based on the existing known populations, and 
observations of soil characteristics and vegetation community types 
made by various researchers and agencies. This unit was developed by 
encompassing the extent of appropriate topography and vegetation 
community types surrounding the known populations.
    As with the C. p. var. purpureum units, it is essential to manage 
this area in a manner that provides for the conservation of the 
species. This includes not only the area where the species is currently 
present, but providing for the natural population fluctuations that 
occur in response to natural and unpredictable events. As described in 
the Background and Primary Constituent Elements sections, the species 
is dependant on habitat components beyond the immediate areas on which 
the plant occurs. These components include the specific soil types, the 
supporting vegetation communities with which the species is associated, 
and sufficient habitat areas to support the ecological processes on 
which the species depends. These ecological processes include 
hydrologic regimes on which the plant and supporting community depend, 
maintaining the reproductive capability of the plant by providing a 
diverse habitat community that supports the appropriate pollinators and 
seed dispersal mechanisms, providing sufficient areas of appropriate 
habitat so that the plant can expand and recolonize areas, maintaining 
natural predator-prey relationships that promote species' survivorship, 
and reducing competition from exotic species or aggressive species 
responding to unnatural habitat management practices. Since the only 
known occurrence of the species is within this unit, providing for the 
specific biological needs of the species, as defined by the primary 
constituent elements, within the unit is essential for the conservation 
of the species.
    The Sikes Act Improvements Act of 1997 (Sikes Act) requires each 
military installation that includes land and water suitable for the 
conservation and management of natural resources to complete, by 
November 17, 2001, an Integrated Natural Resources Management Plan 
(INRMP). An INRMP integrates implementation of the military mission of 
the installation with stewardship of the natural resources found there. 
Each INRMP includes an assessment of the ecological needs on the 
installation, including needs to provide for the conservation of listed 
species; a statement of goals and priorities; a detailed description of 
management actions to be implemented to provide for these ecological 
needs; and a monitoring and adaptive management plan. We consult with 
the military on the development and implementation of INRMPs for 
installations with listed species. We believe that bases that have 
completed and approved INRMPs that address the needs of the species 
generally do not meet the definition of critical habitat discussed 
above, because they require no additional special management or 
protection. Therefore, we generally do not include these areas in 
critical habitat designations if they meet the following three 
criteria--(1) a current INRMP must be complete and provide a 
conservation benefit to the species; (2) the plan must provide 
assurances that the conservation management strategies will be 
implemented; and (3) the plan must provide assurances that the 
conservation management strategies will be effective, by providing for 
periodic monitoring and revisions as necessary. If all of these 
criteria are met, then we generally believe that the lands covered 
under the plan would not meet the definition of critical habitat.
    The CANG has developed a draft INRMP for Camp Roberts to address 
the requirements of Department of Defense Instruction 4715.3. The INRMP 
is intended to provide an adaptive management approach to all natural 
resource issues on the installation. Although the Camp Roberts draft 
INRMP calls for annual monitoring of Chlorogalum purpureum, it does not 
provide any specific measures that ensure the conservation and recovery 
of this species. The INRMP is currently being reviewed and revised. 
However, because such measures are not currently in place, we are 
including those portions of Camp Roberts that support C. purpureum 
populations or the primary constituent elements in this proposed 
critical habitat designation. Fort Hunter Liggett is currently 
preparing a draft INRMP, however, the Service has not yet received a 
copy for review.
    Determining the specific areas that C. purpureum occupies is 
challenging; during good flowering years, presence of this taxon can be 
difficult to document during the dormant stage of the plant because 
leaves and inflorescences often break off and disappear. That the taxon 
is not visible in all years does not mean the taxon does not exist at a 
site. Therefore, patches of occupied habitat are interspersed with 
patches of unknown occupancy; our critical habitat units reflect the 
nature of the habitat, the life history characteristics of this taxon, 
habitat connectivity between currently known populations, and 
opportunities for management to maintain habitat/plant association 
function and integrity on a larger landscape level.
    In selecting areas of proposed critical habitat we made an effort 
to avoid developed areas, such as housing developments, that are 
unlikely to contain the primary constituent elements or otherwise 
contribute to the conservation of C. purpureum. However, we did not map 
critical habitat in sufficient detail to exclude all developed areas, 
or other lands unlikely to contain the primary constituent elements 
essential for the conservation of C. purpureum. Areas within the 
boundaries of the mapped units, such as buildings, roads, parking lots, 
railroads,

[[Page 56514]]

airport runways and other paved areas, lawns, and other urban 
landscaped areas will not contain any of the primary constituent 
elements. Federal actions limited to these areas, therefore would not 
trigger a section 7 consultation, unless they affect the species and/or 
primary constituent elements in adjacent critical habitat.
    In summary, we selected critical habitat areas that provide for the 
conservation of both varieties of Chlorogalum pupureum in three units 
where it is known to occur. Areas on the perimeter of the critical 
habitat designation being used for crop production were not proposed 
for designation; however, we recognize that these areas may include 
habitat presently or historically occupied by Chlorogalum purpureum. In 
addition, some areas not included in the critical habitat designation, 
including other areas identified in the GIS model used for C. p. var. 
purpureum, may include habitat appropriate for introduction of C. 
purpureum in the future. If we determine that areas outside of the 
boundaries of the designated critical habitat are important for the 
conservation of this species, we may propose these additional areas as 
critical habitat in the future.

Proposed Critical Habitat Designation

    The proposed critical habitat areas described below constitute our 
best assessment at this time of the areas essential for the 
conservation of Chlorogalum purpureum. The areas being proposed as 
critical habitat are within or surrounding Fort Hunter Liggett in 
southern Monterey County, within or surrounding Camp Roberts in 
northern San Luis Obispo County, and on both the north and south sides 
of Highway 58 near Camatta Canyon in central San Luis Obispo County. We 
propose to designate approximately 6,965 ha (17,210 ac) of land as 
critical habitat for C. p. var. purpureum and 1,933 ha (4,770 ac) of 
land as critical habitat for C. p. var. reductum. Approximately 68 
percent of this total area consists of Federal lands, private lands 
comprise approximately 32 percent of the proposed critical habitat, and 
State lands comprise less than 0.1 percent.
    A brief description of each critical habitat unit is given below:

Fort Hunter Liggett Unit

    This unit consists of two separate areas that encompass both Fort 
Hunter Liggett property and private property. Fort Hunter Liggett Unit 
A (5,930 ha (14,660 ac)) includes portions of training areas 10, 13, 
22, 25, 29, the ASP, and the cantonment of Fort Hunter Liggett 
property, in addition to private property east of Jolon Road. The 
critical habitat boundary generally follows the San Antonio River bed 
on the south from the cantonment buildings southeast to training area 
29 near Tule Canyon. The boundary heads north, excluding crop lands or 
tilled agricultural lands, west following a ridgeline into Fort Hunter 
Liggett training area 10, and back to the area just north of the 
cantonment buildings. Fort Hunter Liggett Unit B (60 ha (145 ac)) 
occurs at the boundary of training areas 23, 24 and 27.
    The Fort Hunter Liggett critical habitat unit includes one of only 
two areas where Chlorogalum purpureum var. purpureum is known to occur. 
It is likely that this population is a remnant of a much larger 
population that historically extended far beyond the Fort Hunter 
Liggett boundaries. The protection and recovery of this area is 
essential for maintaining the remaining genetic variability of this 
plant and connectivity between patches of plants at Fort Hunter Liggett 
is essential to facilitate the gene flow within this unit. Fort Hunter 
Liggett also has favorable habitat conditions for population expansion 
and persistence; with the reduction of threats through appropriate 
management, this area could support a larger population.

Camp Roberts Unit

    This unit consists of one area that encompasses both Camp Roberts 
property and private property. The Camp Roberts Unit (975 ha (2,405 
ac)) boundary generally follows the Nacimiento River bed along Tower 
Road to the area just south of the Camp Roberts machine gun range. The 
boundary then follows Tower Road southwest to Avery Road, west to San 
Antonio Road, and north to a ridgeline that extends onto private 
property that is northwest of the Camp Roberts installation boundary. 
The Camp Roberts unit excludes those areas currently classified as 
dedicated impact areas for high-explosive ordnance. This critical 
habitat unit includes one of only two areas where Chlorogalum purpureum 
var. purpureum is known to occur. The unit contains large patches of 
plants that are capable of producing large numbers of seeds in good 
years, which is important for this species to survive through natural 
and human-caused changes or events. The protection and recovery of this 
area are essential because it is occupied and it contains favorable 
habitat conditions for population increases with appropriate habitat 
management.

Camatta Canyon Unit

    This unit consists of one area that encompasses the similar 
topographic and vegetative community types that surround the current 
population. The Camatta Canyon Unit (1,933 ha (4,770 ac)) encompasses 
the plateau area on both the north and south sides of Highway 58 near 
Camatta Canyon, extending south approximately 5 km (3 mi) to include 
two private inholding areas within the LPNF boundaries. This critical 
habitat unit includes the known population area and adjacent 
surrounding areas as described above in the ``Criteria Used to Identify 
Critical Habitat'' section. This critical habitat unit is the only area 
where Chlorogalum purpureum var. reductum is known to occur. It is 
essential to protect this population from further loss of individual 
plants and loss of genetic diversity, as well as safeguard the 
population against random natural or human-caused events.
    Lands proposed are under private, State, and Federal jurisdiction, 
with State lands managed by CalTrans, and Federal lands managed by the 
CANG at Camp Roberts, Army Reserve at Fort Hunter-Liggett, and the 
Forest Service (i.e., LPNF). The approximate areas of proposed critical 
habitat by land ownership are shown in Table 1.

      Table 1.--Approximate Areas, Given in Hectares (HA) and Acres (AC) \1\ of Proposed Critical Habitat for
                                     Chlorogalum purpureum by Land Ownership
----------------------------------------------------------------------------------------------------------------
           Unit name                   Private               State              Federal              Total
----------------------------------------------------------------------------------------------------------------
Fort Hunter Liggett............  1,200 ha...........  ..................  4,790 ha..........  5,990 ha
                                 (2,965 ac).........  ..................  (11,840 ac).......  (14,805 ac)
Camp Roberts...................  195 ha.............  ..................  780 ha............  975 ha
                                 (475 ac)...........  ..................  (1,930 ac)........  (2,405 ac)
Camatta Canyon.................  1,450 ha...........  8 ha..............  475 ha............  1,933 ha

[[Page 56515]]

 
                                 (3,580 ac).........  (20 ac)...........  (1,170 ac)........   (4,770 ac)
      Total....................  2,845 ha...........  8 ha..............  6,045 ha..........  8,898 ha
                                 (7,020 ac).........  (20 ac)...........  (14,940 ac).......  (21,980 ac)
----------------------------------------------------------------------------------------------------------------
\1\ Approximate acres have been converted to hectares (1 ha = 2.47 ac). Based on the level of precision of
  mapping of each unit, hectares and acres greater than 10 have been rounded to the nearest 5; hectares and
  acres less than or equal to 10 have been rounded to the nearest whole number. Totals are sums of units.

Effects of Critical Habitat Designation

Section 7 Consultation

    Critical habitat receives protection under section 7 of the Act 
through the consultation requirement and 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 our regulations at 50 CFR 402.02, we define destruction or 
adverse modification as ``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 afford any additional 
protections under the Act against such activities.
    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) of the Act requires 
Federal agencies to confer with us on any action that is likely to 
jeopardize the continued existence of a proposed species or result in 
destruction or adverse modification of proposed critical habitat. 
Conference reports provide conservation recommendations to assist 
Federal agencies in eliminating conflicts that may be caused by their 
proposed actions. The conservation measures in a conference report are 
advisory. If a species is listed or critical habitat is designated, 
section 7(a)(2) of the Act requires Federal agencies to ensure that 
actions 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. 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. If a Federal action may affect a listed 
species or its critical habitat, the responsible Federal agency (action 
agency) must enter into consultation with us. Through this consultation 
we would ensure that the permitted actions do not jeopardize the 
continued existence of the species or destroy or 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 we believe would 
avoid 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 conference 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.
    We may issue a formal conference report if requested by a Federal 
agency. Formal conference reports on proposed critical habitat contain 
an 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 
substantial 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 Chlorogalum purpureum 
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, a section 10(a)(1)(B) permit from 
the Service, or some other Federal action, including funding (e.g., 
Federal Highway Administration, Environmental Protection Agency, or 
Federal Emergency Management Authority funding), 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 
and private lands that are not federally funded, authorized, or 
permitted do not require section 7 consultation.
    Habitat is often dynamic, and populations may move from one area to 
another over time. Furthermore, we recognize that 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, all should understand that critical habitat 
designations do not

[[Page 56516]]

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) of the Act and to the 
regulatory protections afforded by the section 7(a)(2) of the Act 
jeopardy standard and the prohibitions of section 9 of the Act, as 
determined on the basis of the best available information at the time 
of the action. We specifically anticipate that federally funded or 
assisted projects affecting listed species outside their designated 
critical habitat areas 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.
    Section 4(b)(8) of the Act requires us to evaluate briefly and 
describe within 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 appreciably reduce the value of critical 
habitat for both the survival and recovery of Chlorogalum purpureum. 
Within critical habitat, this pertains only to those areas containing 
the primary constituent elements. We note that such activities may also 
jeopardize the continued existence of the species.
    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. Designation of critical habitat in 
areas occupied by Chlorogalum purpureum is not likely to result in a 
regulatory burden above that already in place due to the presence of 
the listed species. Designation of critical habitat in areas not 
occupied by C. purpureum may result in an additional regulatory burden 
when a federal nexus exists.
    Activities that, when carried out, funded, or authorized by a 
Federal agency, may directly or indirectly destroy or adversely modify 
critical habitat include, but are not limited to the following:
    (1) Degradation or destruction of grassland, oak woodland, and oak 
savannah communities, and open areas found within shrubland 
communities, including but not limited to, off-road vehicle use, 
introduction of nonnative species, heavy recreational use, military 
bivouacking activities, maintenance of an unnatural fire regime, 
development, road maintenance, agricultural activities, discing, 
mowing, or chaining;
    (2) Soil compaction or disturbance of upper soil surfaces, 
including the biological soil crusts. These activities include but are 
not limited to grazing; fire management; oil spills; mechanical 
disturbance such as by tracked or heavy wheeled vehicles; trampling by 
livestock and people;
    (3) Application or runoff of pesticides, herbicides, fertilizers, 
or other chemical or biological agents.
    Designation of critical habitat could affect the following agencies 
and/or actions: development on private lands requiring permits from 
Federal agencies, such as authorization from the Corps, pursuant to 
section 404 of the Clean Water Act, or a section 10(a)(1)(B) permit 
from the Service, or some other Federal action that includes Federal 
funding that will subject the action to the section 7 consultation 
process (e.g., from the Federal Highway Administration, Federal 
Emergency Management Agency, or the Department of Housing and Urban 
Development); military activities of the U.S. Department of Defense 
(Army Reserve and California Army National Guard) on their lands or 
lands under their jurisdiction; activities of the Forest Service on 
their lands or lands under their jurisdiction; the release or 
authorization of release of biological control agents by the U.S. 
Department of Agriculture; regulation of activities affecting point 
source pollution discharges into waters of the United States by the 
Environmental Protection Agency under section 402 of the Clean Water 
Act; construction of communication sites licensed by the Federal 
Communications Commission; and authorization of Federal grants or 
loans. Where federally listed wildlife species occur on private lands 
proposed for development, any habitat conservation plans submitted by 
the applicant to secure an incidental take permit to take according to 
section 10(a)(1)(B) of the Act would be subject to the section 7 
consultation process.
    Several other species that are listed under the Act have been 
documented to occur in the same general areas as the current 
distribution of Chlorogalum purpureum. Listed wildlife species 
identified either on Fort Hunter Liggett or Camp Roberts, or in close 
proximity to these areas include San Joaquin kit fox (Vulpes macrotis 
mutica), vernal pool fairy shrimp (Branchinecta lynchi), California 
red-legged frog (Rana aurora draytonii), arroyo toad (Bufo 
californicus), bald eagle (Haliaeetus leucocephalus), California condor 
(Gymnogyps californianus), and least Bell's vireo (Vireo bellii 
pusillus). In addition, a candidate wildlife species (taxon for which 
the Service has sufficient biological information to support a proposal 
to list as endangered or threatened), California tiger salamander 
(Ambystoma tigrinum californiense), has been documented at Fort Hunter 
Liggett and has potential to occur at Camp Roberts. Species that are 
listed under the Act that may occur in the same general area as C. p. 
var. reductum include Branchinecta lynchi, longhorn fairy shrimp 
(Branchinecta longientenna), Rana aurora draytonii, and Gymnogyps 
californianus.
    If you have questions regarding whether specific activities will 
likely constitute adverse modification of critical habitat, contact the 
Field Supervisor, Ventura Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT section). Requests for copies of the regulations on 
listed wildlife and inquiries about prohibitions and permits may be 
addressed to the U.S. Fish and Wildlife Service, Portland Regional 
Office, 911 NE 11th Avenue, Portland, OR 97232-4181 (503/231-6131, FAX 
503/231-6243).

Economic Analysis and Exclusions Under Section 4(b)(2)

    Section 4(b)(2) of the Act requires that we designate critical 
habitat on the basis of the best scientific and commercial information 
available, and that we consider the economic and other

[[Page 56517]]

relevant impacts of designating a particular area as critical habitat. 
We may exclude areas from critical habitat designation if the benefits 
of exclusion outweigh the benefits of designation, provided the 
exclusion will not 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.

Relationship to Habitat Conservation Plans

    We also considered the status of habitat conservation plan (HCP) 
efforts in proposing areas as critical habitat. Section 10(a)(1)(B) of 
the Act authorizes us to issue permits for the take of listed wildlife 
species incidental to otherwise lawful activities. An incidental take 
permit application must be supported by an HCP that identifies 
conservation measures that the permittee agrees to implement for the 
species to minimize and mitigate the impacts of the permitted 
incidental take. Although take of listed plants is not prohibited by 
the Act, listed plant species may also be covered in an HCP for 
wildlife species. Currently, there are no habitat conservation plans 
(HCPs) that include Chlorogalum purpureum as a covered species. 
Subsection 4(b)(2) of the Act allows us to exclude from critical 
habitat designation areas where the benefits of exclusion outweigh the 
benefits of designation, provided the exclusion will not result in the 
extinction of the species. We believe that in most instances the 
benefits of excluding HCPs from critical habitat designations will 
outweigh the benefits of including them. In the event that future HCPs 
are developed within the boundaries of proposed or 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 this species. This will be accomplished by either 
directing development and habitat modification to nonessential areas, 
or appropriately modifying activities within essential habitat areas so 
that such activities will not adversely modify the critical habitat.
    We will provide technical assistance and work closely with 
applicants throughout the development of any future HCPs to identify 
lands essential for the long-term conservation of Chlorogalum purpureum 
and appropriate management for those lands. Furthermore, we will 
complete intra-Service consultation on our issuance of section 
10(a)(1)(B) permits for these HCPs to ensure permit issuance will not 
destroy or adversely modify critical habitat.

Public Comments Solicited

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, comments or 
suggestions from the public, other concerned governmental agencies, the 
scientific community, industry, or any other interested party 
concerning this proposed rule are hereby solicited. Comments 
particularly are sought 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 benefit of designation will outweigh any threats to the 
species due to designation;
    (2) Specific information on the amount and distribution of 
Chlorogalum purpureum var. purpureum habitat and C. p. var. reductum 
habitat, and what habitat is essential to the conservation of the 
species and why;
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (4) Any foreseeable economic or other impacts resulting from the 
proposed designation of critical habitat, in particular, any impacts on 
small entities or families;
    (5) Economic and other values associated with designating critical 
habitat for Chlorogalum 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);
    (6) The methodology we might use, under section 4(b)(2) of the Act, 
in determining if the benefits of excluding an area from critical 
habitat outweigh the benefits of specifying the area as critical 
habitat; and
    (7) The effects of Chlorogalum purpureum critical habitat 
designation on military lands and how it would affect military 
activities, particular military activities at Fort Hunter Liggett and 
Camp Roberts.
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any one of several methods. You may mail 
comments to the Field Supervisor, Ventura Fish and Wildlife Office, 
U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA 
93003. You may also comment via the internet to 
[email protected]. Please submit internet comments as an ASCII 
file avoiding the use of special characters and any form of encryption. 
Please also include ``Attn: RIN-1018-AG75 and your name and return 
address in your internet message.'' If you do not receive a 
confirmation from the system that we have received your internet 
message, contact us directly by calling our Ventura Fish and Wildlife 
Office at phone number 805-644-1766. Please note that the internet 
address [email protected] will be closed out at the termination 
of the public comment period. Finally, you may hand-deliver comments to 
our Ventura office at 2493 Portola Road, Suite B, Ventura, CA.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking record, which we will honor to 
the extent allowable by law. There also may be circumstances in which 
we would withhold from the rulemaking record a respondent's identity, 
as allowable by law. If you wish us to withhold your name and/or 
address, you must state this prominently at the beginning of your 
comment. However, we will not consider anonymous comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety. 
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 on July 1, 1994 (59 FR 
34270), we will solicit the expert opinions of 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

[[Page 56518]]

rulemaking. Accordingly, the final determination may differ from this 
proposal.

Public Hearings

    The Endangered Species Act provides for one or more public hearing 
on this proposal, if requested. Requests must be received within 45 
days of the date of publication of the proposal in the Federal 
Register. Such requests must be made in writing and be addressed to the 
Field Supervisor (see ADDRESSES section). 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.

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations and 
notices that are easy to understand. We invite your comments on how to 
make this proposed rule easier to understand, including answers to 
questions such as the following: (1) Are the requirements in the 
proposed rule clearly stated? (2) Does the proposed rule contain 
technical jargon that interferes with the clarity? (3) Does the format 
of the proposed rule (grouping and order of the sections, use of 
headings, paragraphing, etc.) aid or reduce its clarity? (4) Is the 
description of the notice in the ``Supplementary Information'' section 
of the preamble helpful in understanding the notice? (5) What else 
could we do to make this proposed rule easier to understand?
    Send any comments that concern how we could make this rule easier 
to understand to the office identified in the ADDRESSES section at the 
beginning of this document.

Required Determinations

Regulatory Planning and Review

    In accordance with Executive Order (EO) 12866, this document is 
significant rule and was reviewed by the Office of Management and 
Budget (OMB) in accordance with the four criteria discussed below. We 
are preparing a draft analysis of this proposed action, which will be 
available for public comment, to determine the economic consequences of 
designating the specific areas as critical habitat. The availability of 
the draft economic analysis will be announced in the Federal Register 
so that it is available for public review and comments.
    (a) While we will prepare an economic analysis to assist us in 
considering whether areas should be excluded pursuant to section 4 of 
the Act, we do not believe this rule will have an annual effect on the 
economy of $100 million or more or adversely affect in a material way 
the economy, a sector of the economy, productivity, competition, jobs, 
the environment, public health or safety, or State, local or tribal 
governments or communities. Therefore, we do not believe a cost benefit 
and economic analysis pursuant to EO 12866 is required.
    Under the Act, critical habitat may not be adversely modified by a 
Federal agency action. Critical habitat does not impose any 
restrictions on non-Federal persons unless they are conducting 
activities funded or otherwise sponsored or permitted by a Federal 
agency (see Table 2). Section 7 of the Act requires Federal agencies to 
ensure that they do not jeopardize the continued existence of the 
species. Based on our experience with the species and its needs, we 
believe that any Federal action or authorized action that could 
potentially cause an adverse modification of the proposed critical 
habitat would be considered as jeopardy under the Act in areas occupied 
by the species. Accordingly, we do not expect the designation of 
currently occupied areas as critical habitat to have 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.

 Table 2.--Impacts of Chlorogalum Purpureum Listing and Critical Habitat
                               Designation
------------------------------------------------------------------------
                                                         Additional
                                   Activities            activities
  Categories of activities    potentially affected  potentially affected
                               by species listing    by critical habitat
                                      only             designation \1\
------------------------------------------------------------------------
Federal Activities            Activities such as    Activities by these
 Potentially Affected \2\.     field maneuvers by    Federal agencies in
                               troops or vehicles,   designated areas
                               training,             where section 7
                               bivouacking,          consultations would
                               construction and      not have occurred
                               facility              but for the
                               development           critical habitat
                               conducted by the      designation.
                               Army Reserve at
                               Fort Hunter Liggett
                               and the California
                               Army National Guard
                               at Camp Roberts.
                               Activities
                               authorized or
                               conducted by the
                               Forest Service at
                               Los Padres National
                               Forest, such as
                               livestock grazing,
                               road maintenance or
                               construction, and
                               recreation.
Private or other non-Federal  Activities that       Funding,
 Activities Potentially        require a Federal     authorization, or
 Affected \3\.                 action (permit,       permitting actions
                               authorization, or     by Federal agencies
                               funding) and may      in designated areas
                               remove or destroy     where section 7
                               habitat for           consultations would
                               Chlorogalum           not have occurred
                               purpureum by          but for the
                               mechanical,           critical habitat
                               chemical, or other    designation.
                               means or
                               appreciably
                               decrease habitat
                               value or quality
                               through indirect
                               effects (e.g., edge
                               effects, invasion
                               of exotic plants or
                               animals,
                               fragmentation of
                               habitat).
------------------------------------------------------------------------
\1\ This column represents activities potentially affected by the
  critical habitat designation in addition to those activities
  potentially affected by listing the species.
\2\ Activities initiated by a Federal agency.
\3\ Activities initiated by a private or other non-Federal entity that
  may need Federal authorization or funding.

    The designation of areas as critical habitat where section 7 
consultations would not have occurred but for the critical habitat 
designation, may have impacts that are not attributable to the species 
listing on what actions may or may not be conducted by Federal agencies 
or non-Federal persons who receive Federal authorization or funding. We 
will evaluate any impact through our economic analysis (under section 4 
of the Act; see Economic Analysis section of this rule). Non-Federal 
persons who do not have a Federal sponsorship of their actions are not 
restricted by the designation of critical habitat.
    (b) This rule is not expected to 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 Chlorogalum

[[Page 56519]]

purpureum since its listing in 2000. The prohibition against adverse 
modification of critical habitat is expected to impose few, if any, 
additional restrictions to those that currently exist in the proposed 
critical habitat on currently occupied lands. We will evaluate any 
impact of designating areas where section 7 consultations would not 
have occurred but for the critical habitat designation through our 
economic analysis. Because of the potential for impacts on other 
Federal agency activities, we will continue to review this proposed 
action for any inconsistencies with other Federal agency actions.
    (c) This proposed rule, if made final, is not expected to 
significantly impact entitlements, grants, user fees, loan programs, or 
the rights and obligations of their recipients. Federal agencies are 
currently required to ensure that their activities do not jeopardize 
the continued existence of the species, and, 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 on any Federal entitlement, grant, or loan 
programs. We will evaluate any impact of designating areas where 
section 7 consultations would not have occurred but for the critical 
habitat designation through our economic analysis.
    (d) OMB has determined that this rule may raise novel legal or 
policy issues and, as a result, this rule has undergone OMB review.

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

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Act (SBREFA) of 
1996), whenever an agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effects of the rule on small entities (i.e., small businesses, small 
organizations, and small government jurisdictions). However, no 
regulatory flexibility analysis is required if the head of the agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. SBREFA amended the Regulatory 
Flexibility Act to require Federal agencies to provide a statement of 
the factual basis for certifying that rule will not have a significant 
economic effect on a substantial number of small entities. SBREFA also 
amended the RFA to require a certification statement. In today's rule, 
we are certifying that the rule will not have a significant effect on a 
small number of small entities. The following discussion explains our 
rationale.
    Small entities include small organizations, such as independent 
non-profit organizations, and small governmental jurisdictions, 
including school boards and city and town governments that serve fewer 
than 50,000 residents, as well as small businesses. Small businesses 
include manufacturing and mining concerns with fewer than 500 
employees, wholesale trade entities with fewer than 100 employees, 
retail and service businesses with less than $5 million in annual 
sales, general and heavy construction businesses with less than $27.5 
million in annual business, special trade contractors doing less than 
$11.5 million in annual business, and agricultural businesses with 
annual sales less than $750,000. To determine if potential economic 
impacts to these small entities are significant, we consider the types 
of activities that might trigger regulatory impacts under this rule as 
well as the types of project modifications that may result. In general, 
the term significant economic impact is meant to apply to a typical 
small business firm's business operations.
    To determine if the rule would affect a substantial number of small 
entities, we consider the number of small entities affected within 
particular types of economic activities (e.g., housing development, 
grazing, oil and gas production, timber harvesting, etc.). We apply the 
``substantial number'' test individually to each industry to determine 
if certification is appropriate. In some circumstances, especially with 
proposed critical habitat designations of very limited extent, we may 
aggregate across all industries and consider whether the total number 
of small entities affected is substantial. In estimating the numbers of 
small entities potentially affected, we also consider whether their 
activities have any Federal involvement; some kinds of activities are 
unlikely to have any Federal involvement and so will not be affected by 
critical habitat designation.
    Designation of critical habitat only affects activities conducted, 
funded, or permitted by Federal agencies; non-Federal activities are 
not affected by the designation. In areas where the species is present, 
Federal agencies are already required to consult with us under section 
7 of the Act on activities that they fund, permit, or implement that 
may affect Chlorogalum purpureum. If this critical habitat designation 
is finalized, Federal agencies must also consult with us if their 
activities may affect designated critical habitat. However, we do not 
believe this will result in any additional regulatory burden on Federal 
agencies or their applicants because consultation would already be 
required due to the presence of the listed species, and the duty to 
avoid adverse modification of critical habitat would not trigger 
additional regulatory impacts beyond the duty to avoid jeopardizing the 
species.
    Even if the duty to avoid adverse modification does not trigger 
additional regulatory impacts in areas where the species is present, 
designation of critical habitat could result in an additional economic 
burden on small entities due to the requirement to reinitiate 
consultation for ongoing Federal activities. However, since Chlorogalum 
purpureum has only been listed since March 2000, and there have only 
been two formal consultations involving the species, neither of which 
involved small entities, the requirement to reinitiate consultations 
for ongoing projects will not affect a substantial number of small 
entities.
    When the species is clearly not present, designation of critical 
habitat could trigger additional review of Federal activities under 
section 7 of the Act. Because Chlorogalum purpureum has been listed 
only a relatively short time and there have been few activities with 
Federal involvement in these areas during this time, there is not a 
detailed history of consultations based on the listing of this species. 
Therefore, for the purposes of this review and certification under the 
Regulatory Flexibility Act, we are assuming that any future 
consultations in the area proposed as critical habitat will be due to 
the critical habitat designation.
    Approximately, sixty-eight percent of the designation is on Federal 
lands. On Federal lands included in this proposed critical habitat 
designation, grazing is the only activity identified as possibly having 
an economic affect on small entities. Grazing occurs on Camp Roberts 
and on the Los Padres National Forest and may be reinitiated on Fort 
Hunter Liggett in the future. There are currently two grazing 
permittees on all Federal lands included in this rule, so this rule 
will not affect a substantial number of small entities involved in 
grazing or other activities on Federal lands.
    Most of the remainder of the proposed designation is on private 
land. On private lands, activities that lack Federal involvement would 
not be affected by the critical habitat designation. Current activities 
of an economic nature that

[[Page 56520]]

occur on private lands in the area encompassed by this proposed 
designation are primarily agricultural, such as live-stock grazing and 
farming. Because these areas are zoned rural and not near cities or 
towns, multiple-unit residential or commercial development is unlikely. 
Therefore, Federal agencies such as the Economic Development 
Administration, which is occasionally involved in funding municipal 
projects elsewhere, is unlikely to be involved in projects in these 
areas. In rural regions of San Luis Obispo and Monterey counties, 
previous consultations under section 7 of the Act between us and other 
Federal agencies most frequently involved the Army Corps of Engineers 
(ACOE) or the Federal Highway Administration (FHWA). In FHWA 
consultations, the applicant is either the California State Department 
of Transportation or the County, neither of which is considered a small 
entity as defined here. ACOE consultations involve wetlands or 
waterways and occur due to the presence of species (or their critical 
habitat) that spend at least part of their life in aquatic habitats. 
Chlorogalum purpureum is an upland plant species and unlikely to be the 
subject of consultations with the ACOE. In agricultural areas, the 
Natural Resources Conservation Service (NRCS) occasionally funds 
activities on farms or ranches that require consultation with us. These 
consultations are infrequent, however. In the last decade, in all of 
Monterey and San Luis Obispo counties combined, the NRCS has completed 
only four formal consultations with the Service. San Luis Obispo and 
Monterey counties encompass about 4 million acres of land and support 
over 40 listed species. Based on the low level of past activity, we 
expect few consultations with the NRCS or other federal agencies on the 
approximately 7000 acres of non-federal lands proposed in this rule. 
For these reasons, the Service determines that the number of small 
entities likely to be affected by this rule will not be substantial.
    In general, two different mechanisms in section 7 consultations 
could lead to additional regulatory requirements. First, if we 
conclude, in a biological opinion, that a proposed action is likely to 
jeopardize the continued existence of a species or adversely modify its 
critical habitat, we can offer ``reasonable and prudent alternatives.'' 
Reasonable and prudent alternatives are alternative actions that can be 
implemented in a manner consistent with the scope of the Federal 
agency's legal authority and jurisdiction, that are economically and 
technologically feasible, and that would avoid jeopardizing the 
continued existence of listed species or resulting in adverse 
modification of critical habitat. A Federal agency and an applicant may 
elect to implement a reasonable and prudent alternative associated with 
a biological opinion that has found jeopardy or adverse modification of 
critical habitat. An agency or applicant could alternatively choose to 
seek an exemption from the requirements of the Act or proceed without 
implementing the reasonable and prudent alternative. However, unless an 
exemption were obtained, the Federal agency or applicant would be at 
risk of violating section 7(a)(2) of the Act if it chose to proceed 
without implementing the reasonable and prudent alternatives. Secondly, 
if we find that a proposed action is not likely to jeopardize the 
continued existence of a listed animal species, we may identify 
reasonable and prudent measures designed to minimize the amount or 
extent of take and require the Federal agency or applicant to implement 
such measures through non-discretionary terms and conditions. However, 
the Act does not prohibit the take of listed plant species or require 
terms and conditions to minimize adverse effect to critical habitat. We 
may also identify discretionary conservation recommendations designed 
to minimize or avoid the adverse effects of a proposed action on listed 
species or critical habitat, help implement recovery plans, or to 
develop information that could contribute to the recovery of the 
species.
    Based on our experience with section 7 consultations for all listed 
species, virtually all projects--including those that, in their initial 
proposed form, would result in jeopardy or adverse modification 
determinations in section 7 consultations--can be implemented 
successfully with, at most, the adoption of reasonable and prudent 
alternatives. These measures, by definition, must be economically 
feasible and within the scope of authority of the Federal agency 
involved in the consultation. As we have a very limited consultation 
history for Chlorogalum purpureum, we can only describe the general 
kinds of actions that may be identified in future reasonable and 
prudent alternatives. These are based on our understanding of the needs 
of the species and the threats it faces, especially as described in the 
final listing rule and in this proposed critical habitat designation, 
as well as our experience with similar listed plants in California. In 
addition, the State of California listed Chlorogalum purpureum var. 
reductum as a rare species under the California Endangered Species Act 
in 1978, and we have also considered the kinds of actions required 
through State consultations for this species. The kinds of actions that 
may be included in future reasonable and prudent alternatives include 
conservation set-asides, management of competing non-native species, 
restoration of degraded habitat, construction of protective fencing, 
and regular monitoring. These measures are not likely to result in a 
significant economic impact to project proponents.
    As required under section 4(b)(2) of the Act, we will conduct an 
analysis of the potential economic impacts of this proposed critical 
habitat designation, and will make that analysis available for public 
review and comment before finalizing this designation. However, court 
deadlines require us to publish this proposed rule before the economic 
analysis can be completed. In the absence of this economic analysis, we 
have reviewed our previously published analyses of the likely economic 
impacts of designating critical habitat for other California plant 
species, such as Chorizanthe robusta var. hartwegii (Scotts Valley 
spineflower). Like Chlorogalum purpureum, C. robusta var. hartwegii is 
a native species restricted to certain specific habitat types along the 
central coast of California and may require similar protective and 
conservation measures. Chorizante robusta var. hartwegii differs from 
Chlorogalum purpureum, in that it occurs closer to the coast, in an 
area experiencing greater residential and commercial development. Our 
high-end estimate of the economic effects of designating one critical 
habitat unit of C. robusta var. hartwegii ranged from $82,500 to 
$287,500 over ten years. We believe that the effects of the proposed 
rule for Chlorogalum purpureum will be lower than the economic effects 
identified for other California plant critical habitat designations, 
such as C. robusta var. hartwegii, that occur in regions with higher 
population densities where commercial, residential, and infrastructure 
development is more likely. We believe that the effects of the proposed 
rule for Chlorogalum purpureum are likely to be lower than those 
identified above, due to the greater human population densities and 
economic activity that is occurring in southern Santa Cruz County where 
C. robusta var. hartwegii occurs.
    In summary, we have considered whether this proposed rule would 
result in a significant economic effect on a substantial number of 
small entities. It would not affect a substantial number of small 
entities. The entire designation likely involves fewer than 100 
privately

[[Page 56521]]

owned parcels; many of these parcels are located in areas where likely 
future land uses are not expected to result in Federal involvement or 
section 7 consultations. As discussed earlier, most of the private 
parcels within the proposed designation are currently being used for 
agricultural purposes and, therefore, are not likely to require any 
Federal authorization. In the remaining areas, Federal involvement--and 
thus section 7 consultations, the only trigger for economic impact 
under this rule--would be limited to a subset of the area proposed. The 
most likely Federal involvement would be through the 2 grazing 
allotments that currently occur on Federal lands that overlap with the 
proposed designation, or through ACOE or NRCS activities. We anticipate 
projects involving these agencies will be infrequent within the 
proposed designation due to the species biology, proximity to military 
bases, and (for NRCS) the low level of previous consultation activity 
in these counties. This rule would result in project modifications only 
when proposed Federal activities would destroy or adversely modify 
critical habitat. While this may occur, it is not expected frequently 
enough to affect a substantial number of small entities. Even when it 
does occur, we do not expect it to result in a significant economic 
impact, as the measures included in reasonable and prudent alternatives 
must be economically feasible and consistent with the proposed action. 
The kinds of measures we anticipate we would provide can usually be 
implemented at low cost. Therefore, we are certifying that the proposed 
designation of critical habitat for Chlorogalum purpureum will not have 
a significant economic impact on a substantial number of small 
entities, and an initial regulatory flexibility analysis is not 
required.

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

    In the economic analysis we will determine whether designation of 
critical habitat would 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.

Executive Order 13211

    On May 18, 2001, the President issued an Executive Order (E.O. 
13211) on regulations that significantly affect energy supply, 
distribution, and use. Executive Order 13211 requires agencies to 
prepare Statements of Energy Effects when undertaking certain actions. 
Although this rule is a significant regulatory action under Executive 
Order 12866, it is not expected to significantly affect energy 
supplies, distribution, or use. Therefore, this action is not a 
significant energy action and no Statement of Energy Effects is 
required.

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 not be affected unless they propose an 
action requiring Federal funds, permits or other authorization. Any 
such activity will require that the Federal agency ensure that the 
action will not adversely modify or destroy designated critical 
habitat.
    (b) This rule, as proposed, will not produce a Federal mandate on 
State, local, or tribal governments or the private sector 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, this proposed rule does 
not have significant takings implications, and a takings implication 
assessment is not required. This rule would not take private property. 
As discussed above, the designation of critical habitat affects only 
Federal agency actions; it does not provide additional protection for 
the species on non-Federal lands or regarding actions that lack any 
Federal involvement. Furthermore, the Act provides mechanisms, through 
section 7 consultation, to resolve apparent conflicts between proposed 
Federal actions, including Federal funding or permitting of actions on 
private land, and the conservation of the species, including avoiding 
the destruction or adverse modification of designated critical habitat. 
We recognize that Federal projects that also affect private property 
may be proposed in the future. We fully expect that, through section 7 
consultation, such projects can be implemented consistent with the 
conservation of Chlorogalum purpureum; therefore, this rule would not 
result in a takings.

Federalism

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. In keeping with Department of the Interior policy, we 
requested information from, and coordinated development of this 
critical habitat designation, with appropriate State resource agencies 
in California. Designation of critical habitat only affects activities 
conducted, funded, or permitted by Federal agencies; non-Federal 
activities are not affected by the designation if they lack any Federal 
nexus. In areas occupied by Chlorogalum purpureum, Federal agencies 
funding, permitting, or implementing activities are already required, 
through consultation with us under section 7 of the Act, to avoid 
jeopardizing the continued existence of Chlorogalum purpureum. If this 
critical habitat designation is finalized, Federal agencies also must 
ensure, also through consultation with us, that their activities do not 
destroy or adversely modify designated critical habitat.
    In unoccupied areas, or areas of uncertain occupancy, designation 
of critical habitat could trigger additional review of Federal 
activities under section 7 of the Act, and may result in additional 
requirements on Federal activities to avoid destroying or adversely 
modifying critical habitat. Any development that lacked Federal 
involvement would not be affected by the critical habitat designation. 
Should a federally funded, permitted, or implemented project be 
proposed that may affect designated critical habitat, we will work with 
the Federal action agency and any applicant, through section 7 
consultation, to identify ways to implement the proposed project while 
minimizing or avoiding any adverse effect to the species or critical 
habitat. In our experience, the vast majority of such projects can be 
successfully implemented with at most minor changes that avoid 
significant economic impacts to project proponents.
    The designations may have some benefit to these governments in that 
the areas essential to the conservation of these species are more 
clearly defined, and the primary constituent elements of the habitat 
necessary to the survival of these species are specifically identified. 
While 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

[[Page 56522]]

case-by-case section 7 consultations to occur).

Civil Justice Reform

    In accordance with Executive Order 12988, the Department of the 
Interior's Office of the Solicitor has determined that this rule does 
not unduly burden the judicial system and does meet the requirements of 
sections 3(a) and 3(b)(2) of the Order. We are proposing to designate 
critical habitat in accordance with the provisions of the Endangered 
Species Act. The rule uses standard property descriptions and 
identifies the primary constituent elements within the designated areas 
to assist the public in understanding the habitat needs of Chlorogalum 
purpureum.

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

    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act. This rule 
will not impose recordkeeping or reporting requirements on State or 
local governments, individuals, businesses, or organizations. An agency 
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 an Environmental Assessment and/or an 
Environmental Impact Statement as defined by the National Environmental 
Policy Act of 1969 need not be prepared in connection with regulations 
adopted pursuant to section 4(a) of the Endangered Species Act, as 
amended. A notice outlining our reason for this determination was 
published in the Federal Register 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), Executive Order 13175, and the Department 
of the Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with federally recognized 
Tribes on a Government-to-Government basis. The proposed designation of 
critical habitat for Chlorogalum purpureum does not contain any Tribal 
lands or lands that we have identified as impacting Tribal trust 
resources.

References Cited

    A complete list of all references cited herein, as well as others, 
is available upon request from the Ventura Fish and Wildlife Office 
(see ADDRESSES section).

Author

    The primary author of this proposed rule is Heidi E. D. Crowell, 
Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 
Portola Road, Suite B, Ventura, California 93003 (805/644-1766).

List of Subjects in 50 CFR part 17

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

Proposed Regulation Promulgation

    Accordingly, the Service hereby proposes 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. 
4201-4205; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

    2. In Sec. 17.12(h) revise the entry for Chlorogalum purpureum 
under ``FLOWERING PLANTS'' to read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                       Species
------------------------------------------------------  Historic  range           Family                Status         When  listed        Critical         Special  rules
         Scientific name              Common name                                                                                           habitat
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
        Flowering Plants
 
                              *                  *                  *                  *                  *                  *                  *
    Chlorogalum purpureum.......  Purple amole.......  U.S.A.            (CA) Liliaceae--Lily....  T                 ................  17.96(b)          NA
 
                              *                  *                  *                  *                  *                  *                  *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    3. In Sec. 17.96, as proposed to be amended at 65 FR 66865, 
November 7, 2000, amend paragraph (b) by adding an entry for 
Chlorogalum purpureum under Family Liliaceae to read as follows:


Sec. 17.96  Critical habitat--plants.

* * * * *
    (b) * * *
    Family Liliaceae: Chlorogalum purpureum (purple amole)
    (1) Critical habitat units are depicted for Monterey and San Luis 
Obispo counties, California, on the maps below.
    (2) The primary constituent elements of critical habitat for 
Chlorogalum purpureum var. purpureum are the habitat components that 
provide:
    (i) Soils that are mostly gravelly to sandy and well drained on the 
surface, are underlain by clay soils, and are frequently cryptogamic;
    (ii) Plant communities that support the appropriate associated 
species, including valley and foothill grassland (most similar to the 
needlegrass series and California annual grassland series in Sawyer and 
Keeler-Wolf (1995)), blue oak woodland (Quercus douglasii) or oak 
savannahs (Holland 1986), and open areas within shrubland communities 
(most similar to the Chamise series in Sawyer and Keeler-Wolf (1995), 
although percent cover of chamise at known Chlorogalum purpureum var. 
purpureum areas is unknown). Within these vegetation community types, 
C. p. var. purpureum appears where there is little cover of other 
species which compete for resources available for growth and 
reproduction; and,
    (iii) Areas of sufficient size and configuration to maintain 
ecosystem functions and processes, such as pollinator activity between 
existing colonies, hydrologic regime, appropriate predator-prey 
populations to prevent excessive herbivory, and seed dispersal

[[Page 56523]]

mechanisms between existing colonies and other potentially suitable 
sites.
    (3) The primary constituent elements of critical habitat for 
Chlorogalum purpureum var. reductum are the habitat components that 
provide:
    (i) Well-drained, red clay soils with a large component of gravel 
and pebbles on the upper soil surface, and are frequently cryptogamic;
    (ii) Plant communities that support the appropriate associated 
species, including grassland (most similar to the California annual 
grassland series in Sawyer and Keeler-Wolf (1995) or the pine bluegrass 
grassland, non-native grassland and wildflower field descriptions in 
Holland (1986)), blue oak woodland (Quercus douglasii) or oak savannahs 
(Holland 1986), and open areas within shrubland communities (most 
similar to the Chamise series in Sawyer and Keeler-Wolf (1995), 
although percent cover of chamise at known Chlorogalum purpureum var. 
reductum areas is unknown). Within these vegetation community types, C. 
p. var. reductum appears where there is little cover of other species 
which compete for resources available for growth and reproduction; and
    (iii) Areas of sufficient size and configuration to maintain 
ecosystem functions and processes, such as pollinator activity between 
existing colonies, hydrologic regime, appropriate predator-prey 
populations to prevent excessive herbivory, and seed dispersal 
mechanisms between existing colonies and other potentially suitable 
sites.
    (4) Critical habitat does not include existing features and 
structures, such as buildings, roads, aqueducts, railroads, airport 
runways and buildings, other paved areas, lawns, and other urban 
landscaped areas not containing one or more of the primary constituent 
elements.
    (5) Map 1 follows.
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[[Page 56525]]

    (6) Fort Hunter Liggett Unit:
    (i) Chlorogalum purpureum var. purpureum. Fort Hunter Liggett (A) 
Unit: Monterey County, California. From USGS 1:24,000 quadrangle map 
Cosio Knob, Espinosa Canyon, Jolon, and Williams Hill. Lands bounded by 
UTM zone 10 NAD83 coordinates (E,N): 668926, 3975810; 668823, 3975890; 
668632, 3975980; 668577, 3976120; 668472, 3976230; 668110, 3976530; 
667976, 3976680; 667821, 3977100; 667616, 3977300; 667568, 3977460; 
667528, 3977590; 667386, 3977730; 667365, 3977860; 667257, 3977910; 
667000, 3977990; 666915, 3978050; 666819, 3978190; 666701, 3978240; 
666612, 3978330; 666478, 3978570; 666421, 3978750; 666290, 3978900; 
666100, 3979000; 665920, 3979070; 665725, 3979340; 665606, 3979460; 
665499, 3979630; 665432, 3979740; 665378, 3979850; 665196, 3980060; 
665074, 3980330; 664849, 3980230; 664708, 3980260; 664592, 3980300; 
664493, 3980360; 664376, 3980430; 664239, 3980560; 664329, 3980710; 
664252, 3980770; 664087, 3980890; 663934, 3981020; 664052, 3981180; 
663834, 3981360; 663678, 3981230; 663599, 3981270; 663556, 3981220; 
663441, 3981140; 663325, 3981220;

663157, 3981350; 663024, 3981510; 662926, 3981730; 662478, 3982170; 
662061, 3982300; 661979, 3982300; 661873, 3981750; 661740, 3981780; 
661634, 3981930; 661555, 3981940; 661471, 3981950; 661340, 3982010; 
661216, 3982180; 661046, 3982330; 660894, 3982490; 660821, 3982650; 
660715, 3982860; 660603, 3982950; 660437, 3983130; 660284, 3983240; 
660061, 3983300; 659953, 3983400; 659631, 3983590; 659574, 3983710; 
659572, 3983790; 659479, 3983780; 659443, 3983880; 659409, 3983940; 
659344, 3984070; 659774, 3984290; 659867, 3984390; 659872, 3984440; 
659826, 3984500; 659779, 3984570; 659712, 3984680; 659631, 3984840; 
659577, 3984930; 659468, 3985130; 659362, 3985400; 659521, 3985550; 
659626, 3985610; 659724, 3985670; 659817, 3985720; 659924, 3985730; 
660090, 3985750; 660114, 3985790; 660169, 3985830; 660169, 3985880; 
660269, 3986090; 660382, 3986220; 660384, 3986270; 660509, 3986320; 
660607, 3986320; 660766, 3986270; 660825, 3986240; 660881, 3986190; 
660931, 3986120; 660996, 3986060; 661133, 3985990; 661249, 3985930; 
661367, 3985890; 661576, 3985740;

661671, 3985650; 661673, 3985570; 661675, 3985500; 661745, 3985430; 
661818, 3985380; 661898, 3985290; 661957, 3985220; 661968, 3985140; 
661986, 3985080; 662069, 3985050; 662164, 3984920; 662165, 3984850; 
662195, 3984790; 662248, 3984710; 662223, 3984650; 662174, 3984610; 
662165, 3984520; 662251, 3984420; 662313, 3984360; 662288, 3984290; 
662286, 3984220; 662317, 3984110; 662425, 3984010; 662475, 3983890; 
662626, 3983800; 662819, 3983840; 662926, 3983890; 663081, 3983900; 
663196, 3983860; 663376, 3983920; 663465, 3983820; 663560, 3983690; 
663648, 3983610; 663719, 3983560; 663837, 3983570; 663927, 3983550; 
664019, 3983580; 664088, 3983680; 664239, 3983750; 664556, 3983780; 
664727, 3983850; 664706, 3984020; 664647, 3984160; 664677, 3984260; 
664683, 3984340; 664608, 3984420; 664650, 3984530; 664624, 3984650; 
664625, 3984760; 664657, 3984820; 664707, 3984920; 664711, 3985000; 
664774, 3985090; 664857, 3985150; 664976, 3985250; 665130, 3985360; 
665161, 3985450; 665252, 3985490; 665403, 3985450; 665494, 3985480; 
665518, 3985550; 665544, 3985700; 665484, 3985790; 665483, 3985870; 
665539, 3985890; 665747, 3985920; 665802, 3985960; 665911, 3986150;

666107, 3986270; 666102, 3986420; 666143, 3986590; 666248, 3986780; 
666288, 3986990; 666476, 3987340; 666766, 3987990; 666847, 3987950; 
666881, 3987940; 666968, 3987900; 667055, 3987850; 667171, 3987780; 
667296, 3987700; 667264, 3987630; 667242, 3987540; 667451, 3987500; 
667745, 3987120; 667860, 3987020; 667910, 3986770; 667903, 3986600; 
667927, 3986510; 668009, 3986460; 668119, 3986460; 668152, 3986360; 
668127, 3986220; 668145, 3986170; 668201, 3986160; 668260, 3986160; 
668362, 3986020; 668472, 3985900; 668603, 3985770; 668712, 3985660; 
668757, 3985580; 668855, 3985550; 668956, 3985600; 669083, 3985620; 
669320, 3985630; 669417, 3985490; 669346, 3985330; 669683, 3985270; 
669858, 3985230; 669938, 3985190; 669954, 3985140; 670048, 3985090; 
670036, 3984940; 670045, 3984680; 669926, 3984550; 669697, 3984270;

669722, 3983480; 669724, 3983280; 669729, 3983110; 669728, 3983000; 
669761, 3982760; 669723, 3982620; 669741, 3981860; 668645, 3981830; 
668645, 3982250; 668148, 3982250; 667577, 3982370; 667427, 3982950; 
667314, 3982930; 667326, 3981820; 667740, 3981810; 667749, 3981440; 
667751, 3980180; 667085, 3980180; 668335, 3979250; 669244, 3978640; 
669467, 3978960; 670986, 3978670; 672196, 3978650; 672204, 3977830; 
673009, 3977830; 673017, 3977120; 672897, 3976940; 672855, 3976700; 
672878, 3976530; 672842, 3976410; 672797, 3976290; 672717, 3976160; 
672530, 3976240; 672257, 3976420; 672163, 3976410; 672034, 3976370; 
671939, 3976420; 671877, 3976380; 671784, 3976360; 671644, 3976390; 
671575, 3976460; 671533, 3976490; 671300, 3976630; 671163, 3976710; 
671090, 3976690; 671029, 3976610; 670900, 3976540; 670846, 3976370; 
670725, 3976320; 670715, 3976230; 670746, 3976060; 670723, 3975960; 
670648, 3975920; 670406, 3975670; 670060, 3975320; 669948, 3975110; 
669646, 3975280; 669500, 3975350; 669368, 3975370; 669275, 3975360; 
669145, 3975480; 669032, 3975610; 668926, 3975810.
    (ii) Chlorogalum purpureum var. purpureum. Fort Hunter Liggett (B) 
Unit: Monterey County, California. From USGS 1:24,000 quadrangle map 
Jolon, and Burnett Peak. Lands bounded by UTM zone 10 NAD83 coordinates 
(E,N): 661019, 3971490; 661018, 3971520; 661017, 3971550; 661008, 
3971580; 661063, 3971610; 661102, 3971620; 661130, 3971660; 661171, 
3971770; 661255, 3971780; 661268, 3971760; 661280, 3971750; 661320, 
3971750; 661371, 3971740; 661404, 3971690; 661464, 3971660; 661510, 
3971660; 661571, 3971640; 661637, 3971700; 661693, 3971790; 661725, 
3971850; 661767, 3971880; 661850, 3971810; 661916, 3971790; 661962, 
3971740; 662041, 3971670; 662101, 3971640; 662166, 3971610; 662206, 
3971590; 662225, 3971550; 662157, 3971470; 662142, 3971410; 662159, 
3971360; 662149, 3971320; 662064, 3971240; 662053, 3971220; 662038, 
3971200; 662015, 3971190; 661986, 3971170; 661938, 3971140; 661881, 
3971120; 661826, 3971090; 661741, 3971110; 661650, 3971170; 661596, 
3971160; 661534, 3971170; 661464, 3971150; 661431, 3971190; 661394, 
3971200; 661362, 3971210; 661329, 3971230; 661289, 3971250; 661244, 
3971270; 661211, 3971300; 661158, 3971330; 661095, 3971380; 661042, 
3971460; 661026, 3971470; 661019, 3971490.
    (iii) Map 2 follows.

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[[Page 56527]]

    (7) Camp Roberts Unit:
    (i) Chlorogalum purpureum var. purpureum. San Luis Obispo County, 
California. From USGS 1:24,000 quadrangle map Bradley. Lands bounded by 
UTM zone 10 NAD83 coordinates (E,N): 698578, 3961870; 698597, 3961870; 
698803, 3961890; 698938, 3961980; 699082, 3962110; 699085, 3961960; 
699071, 3961830; 698992, 3961710; 698954, 3961600; 698943, 3961500; 
698945, 3961310; 698840, 3961170; 698739, 3961090; 698496, 3961000; 
698381, 3960980; 698287, 3960880; 698229, 3960720; 698211, 3960420; 
698165, 3960270; 698080, 3960100; 697976, 3959940; 697789, 3959700; 
697632, 3959600; 697553, 3959530; 697462, 3959380; 697395, 3959270; 
697310, 3959170; 697180, 3959020; 697132, 3958980; 697076, 3958960; 
697034, 3958950; 696952, 3958950; 696778, 3958950; 696727, 3958940; 
696647, 3958890; 696528, 3958860; 696481, 3958850; 696417, 3958800; 
696367, 3958770; 696306, 3958750; 696155, 3958740; 696030, 3958740; 
695945, 3958740; 695909, 3958750; 695871, 3958770; 695738, 3958890; 
695699, 3958920; 695630, 3958990; 695579, 3959070; 695493, 3959220; 
695333, 3959450; 695283, 3959520; 695228, 3959560; 695093, 3959680; 
695018, 3959760; 694961, 3959840; 694886, 3959990; 694870, 3960030; 
694857, 3960110; 694835, 3960180; 694840, 3960220; 694824, 3960290; 
694815, 3960340;

694816, 3960360; 694827, 3960370; 694853, 3960380; 694861, 3960390; 
694850, 3960410; 694823, 3960410; 694806, 3960430; 694805, 3960460; 
694817, 3960490; 694821, 3960510; 694801, 3960540; 694782, 3960550; 
694778, 3960580; 694783, 3960600; 694790, 3960620; 694785, 3960630; 
694772, 3960650; 694762, 3960670; 694755, 3960700; 694726, 3960760; 
694726, 3960790; 694692, 3960820; 694655, 3960810; 694589, 3960810; 
694498, 3960810; 694447, 3960810; 694410, 3960830; 694374, 3960910; 
694309, 3961030; 694129, 3961060; 694057, 3961020; 694001, 3961060; 
693952, 3961080; 693914, 3961080; 693910, 3961120; 693937, 3961200; 
694004, 3961250; 694088, 3961370; 694143, 3961490; 694255, 3961590; 
694389, 3961720; 694462, 3961860; 694565, 3961940; 694647, 3962010; 
694711, 3962100; 694753, 3962150; 694787, 3962230; 694773, 3962330; 
694839, 3962350; 694931, 3962370; 695036, 3962440; 695022, 3962510; 
695016, 3962580; 695054, 3962670; 695033, 3962740; 695024, 3962800; 
695045, 3962880; 695060, 3962970;

695002, 3963030; 694963, 3963100; 694960, 3963200; 694912, 3963320; 
694809, 3963560; 695185, 3963680; 695281, 3963690; 695436, 3963680; 
695594, 3963580; 695708, 3963580; 695777, 3963520; 695796, 3963520; 
695819, 3963480; 695877, 3963380; 695906, 3963320; 695912, 3963290; 
695911, 3963260; 695883, 3963150; 695865, 3963080; 695809, 3962890; 
695800, 3962850; 695797, 3962800; 695799, 3962600; 695807, 3962580; 
695658, 3962580; 695667, 3962480; 695755, 3962240; 695767, 3962200; 
695771, 3962130; 695752, 3962060; 695707, 3961980; 695676, 3961930; 
695618, 3961870; 695585, 3961830; 695569, 3961790; 695553, 3961730; 
695552, 3961670; 695566, 3961640; 695646, 3961550; 695690, 3961540; 
695730, 3961530; 695834, 3961540; 695958, 3961550; 696138, 3961510; 
696214, 3961500; 696280, 3961480; 696306, 3961460; 696490, 3961250; 
696553, 3961190; 696610, 3961150; 696862, 3961040; 696927, 3961020; 
697776, 3960690; 697872, 3960780; 698024, 3961010; 698578, 3961870.
    (ii) Map 3 follows.
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    (8) Camatta Canyon Unit:
    (1) Chlorogalum purpureum var. reductum. San Luis Obispo County, 
California. From USGS 1:24,000 quadrangle maps Camatta Ranch, La Panza 
Ranch, and Pozo Summit. Lands bounded by the following UTM zone 10 
NAD83 coordinates (E, N). 747772, 3918070; 747772, 3918050; 747772, 
3918040; 747772, 3918020; 747771, 3918010; 747771, 3918000; 747770, 
3917980; 747769, 3917970; 747767, 3917950; 747766, 3917940; 747764, 
3917930; 747762, 3917910; 747759, 3917900; 747757, 3917890; 747754, 
3917870; 747751, 3917860; 747747, 3917840; 747744, 3917830; 747740, 
3917820; 747736, 3917800; 747732, 3917790; 747727, 3917780; 747723, 
3917760; 747718, 3917750; 747712, 3917740; 747707, 3917730; 747701, 
3917710; 747696, 3917700; 747689, 3917690; 747683, 3917680; 747677, 
3917660; 747670, 3917650; 747663, 3917640; 747656, 3917630; 747649, 
3917610; 747641, 3917600; 747633, 3917590; 747625, 3917580; 747617, 
3917570; 747609, 3917560; 747600, 3917550; 747591, 3917540; 747582, 
3917520; 747573, 3917510; 747564, 3917500; 747555, 3917490; 747545, 
3917480; 747535, 3917470; 747525,

3917460; 747515, 3917450; 747505, 3917450; 747494, 3917440; 747483, 
3917430; 747473, 3917420; 747462, 3917410; 747450, 3917400; 747439, 
3917390; 747428, 3917380; 747416, 3917380; 747405, 3917370; 747393, 
3917360; 747381, 3917350; 747369, 3917350; 747357, 3917340; 747344, 
3917330; 747332, 3917330; 747319, 3917320; 747307, 3917320; 747294, 
3917310; 747281, 3917300; 747268, 3917300; 747255, 3917290; 747242, 
3917290; 747229, 3917280; 747216, 3917280; 747202, 3917280; 747189, 
3917270; 747175, 3917270; 747162, 3917270; 747148, 3917260; 747135, 
3917260; 747121, 3917260; 747107, 3917250; 747093, 3917250; 747079, 
3917250; 747066, 3917250; 747052, 3917250; 747038,

3917240; 747024, 3917240; 747010, 3917240; 746996, 3917240; 746982, 
3917240; 746968, 3917240; 746954, 3917240; 746940, 3917240; 746926, 
3917240; 746912, 3917240; 746898, 3917250; 746884, 3917250; 746870, 
3917250; 746857, 3917250; 746843, 3917250; 746829, 3917250; 746815, 
3917260; 746802, 3917260; 746788, 3917260; 746774, 3917270; 746761, 
3917270; 746748, 3917270; 746734, 3917280; 746721, 3917280; 746708, 
3917290; 746694, 3917290; 746681, 3917300; 746668, 3917300; 746656, 
3917310; 746643, 3917310; 746630, 3917320; 746617, 3917320; 746605, 
3917330; 746593, 3917340; 746580, 3917340; 746568, 3917350; 746556, 
3917360; 746544, 3917370; 746533, 3917370; 746521, 3917380; 746510, 
3917390; 746498, 3917400; 746487, 3917410; 746476, 3917410; 746465, 
3917420; 746454, 3917430; 746444, 3917440; 746433, 3917450; 746423, 
3917460; 746413, 3917470; 746403, 3917480; 746393, 3917490; 746384, 
3917500; 746374, 3917510; 746365, 3917520; 746356, 3917530; 746347, 
3917540; 746339, 3917550; 746330, 3917560; 746322, 3917570; 746314, 
3917590; 746306, 3917600; 746298, 3917610; 746291, 3917620; 746284, 
3917630; 746277, 3917640; 746270, 3917660; 746263, 3917670; 746257, 
3917680; 746251, 3917690; 746245, 3917710; 746239, 3917720; 746233, 
3917730; 746228, 3917750; 746223, 3917760; 746218, 3917770; 746214, 
3917780; 746209, 3917800; 746205, 3917810; 746201, 3917820; 746198, 
3917840; 746194, 3917850; 746191, 3917860; 746188, 3917880; 746185, 
3917890; 746183, 3917910; 746180, 3917920; 746178, 3917930; 746177, 
3917950; 746175, 3917960; 746174, 3917970; 746173, 3917990; 746172, 
3918000; 746172, 3918020; 746171, 3918030; 746171, 3918040; 746171, 
3918060; 746172, 3918070; 746172, 3918090; 746173,

3918100; 746175, 3918110; 746176, 3918130; 746178, 3918140; 746179, 
3918160; 746182, 3918170; 746184, 3918180; 746187, 3918200; 746189, 
3918210; 746193, 3918220; 746196, 3918240; 746199, 3918250; 746203, 
3918260; 746207, 3918280; 746211, 3918290; 746216, 3918300; 746221, 
3918320; 746226, 3918330; 746231, 3918340; 746236, 3918360; 746242, 
3918370; 746248, 3918380; 746254, 3918390; 746260, 3918410; 746267, 
3918420; 746273, 3918430; 746280, 3918440; 746287, 3918460; 746295, 
3918470; 746302, 3918480; 746310, 3918490; 746318, 3918500; 746326, 
3918510; 746335, 3918520; 746343, 3918540; 746352, 3918550; 746361, 
3918560; 746370, 3918570; 746379, 3918580; 746389, 3918590; 746398, 
3918600; 746408, 3918610; 746418, 3918620; 746428, 3918630; 746439,

3918640; 746449, 3918650; 746460, 3918660; 746471, 3918660; 746482, 
3918670; 746491, 3918680; 746405, 3918660; 746270, 3918670; 746243, 
3918670; 746067, 3918720; 745801, 3918880; 745794, 3918890; 745784, 
3918900; 745759, 3918920; 745593, 3919160; 745523, 3919470; 745542, 
3919670; 745557, 3919740; 745568, 3919780; 745601, 3919890; 745604, 
3919900; 745605, 3919900; 745681, 3920100; 745649, 3920240; 745654, 
3920270; 745649, 3920300; 745653, 3920380; 745704, 3920630; 745871, 
3920900; 745991, 3921000; 746022, 3921030; 746040, 3921040; 746077, 
3921090; 746091, 3921180; 746098, 3921190; 746100, 3921200; 746132, 
3921280; 746148, 3921400; 746162, 3921450; 746168, 3921460; 746168, 
3921460; 746176, 3921470; 746182, 3921510; 746195, 3921540; 746226, 
3921660; 746256, 3921760; 746269, 3921780; 746274, 3921800; 746323,

3921910; 746372, 3922080; 746467, 3922410; 746478, 3922450; 746464, 
3922550; 746472, 3922690; 746485, 3922780; 746529, 3922950; 746696, 
3923220; 746710, 3923230; 746719, 3923240; 746761, 3923280; 746994, 
3923440; 747300, 3923510; 747611, 3923460; 747632, 3923450; 747724, 
3923510; 747739, 3923510; 747761, 3923550; 747787, 3923590; 747793, 
3923600; 747917, 3923780; 748030, 3923960; 748124, 3924050; 748211, 
3924110; 748373, 3924210; 748576, 3924270; 748630, 3924280; 748733,

3924290; 749043, 3924240; 749310, 3924070; 749438, 3923890; 749485, 
3923910; 749560, 3923930; 749754, 3923980; 749815, 3923980; 749829, 
3923980; 749843, 3923980; 750153, 3923930; 750420, 3923760; 750602, 
3923510; 750673, 3923200; 750675, 3923140; 750635, 3922900; 750639, 
3922870; 750635, 3922840; 750642, 3922810; 750593, 3922510; 750509, 
3922280; 750506, 3922270; 750506, 3922270; 750439, 3922130; 750395, 
3922060; 750435, 3921950; 750454, 3921890; 750484, 3921690; 750432, 
3921380; 750265, 3921120; 750244, 3921100; 750231, 3921080; 750181, 
3921040; 750133, 3920990; 750085, 3920960; 749956, 3920750; 749933, 
3920740; 749927, 3920730; 749920, 3920720; 749912, 3920710; 749882, 
3920680; 749671, 3920540; 749364,

3920470; 749265, 3920490; 749205, 3920440; 749148, 3920400; 749029, 
3920330; 748951, 3920300; 748865, 3920280; 748637, 3920240; 748327, 
3920290; 748311, 3920300; 748300, 3920300; 748295, 3920300; 748286, 
3920300; 748259, 3920320; 748103, 3920420; 748086, 3920390; 747830, 
3920210; 747827, 3920210; 747824, 3920210; 747764, 3920180; 747774, 
3920140; 747775, 3920120; 747775, 3920110; 747775, 3920110; 747723, 
3919800; 747557, 3919540; 747428, 3919440; 747314, 3919330; 747294, 
3919310; 747242, 3919250; 747216, 3919210; 747124, 3919090; 747066, 
3919030; 747046, 3919010; 747028, 3918980; 746967, 3918910; 746852,

3918830; 746864, 3918830; 746878, 3918830; 746892, 3918840; 746905, 
3918840; 746919, 3918840; 746933,

[[Page 56530]]

3918840; 746947, 3918840; 746961, 3918840; 746975, 3918840; 746989, 
3918840; 747003, 3918840; 747017, 3918840; 747031, 3918840; 747045, 
3918840; 747059, 3918840; 747073, 3918830; 747087, 3918830; 747100, 
3918830; 747114, 3918830; 747128, 3918820; 747142, 3918820; 747155, 
3918820; 747169, 3918820; 747182, 3918810; 747196, 3918810; 747209, 
3918800; 747222, 3918800; 747236, 3918800; 747249, 3918790; 747262, 
3918790; 747275, 3918780; 747288, 3918770; 747301, 3918770; 747313, 
3918760; 747326, 3918760; 747338, 3918750; 747351, 3918740; 747363, 
3918740; 747375, 3918730; 747387, 3918720; 747399, 3918720; 747411, 
3918710; 747422, 3918700; 747434, 3918690; 747445, 3918690; 747456, 
3918680; 747467, 3918670; 747478, 3918660; 747489, 3918650; 747500, 
3918640; 747510, 3918630; 747520,

3918620; 747530, 3918610; 747540, 3918600; 747550, 3918590; 747560, 
3918580; 747569, 3918570; 747578, 3918560; 747587, 3918550; 747596, 
3918540; 747605, 3918530; 747613, 3918520; 747621, 3918510; 747629, 
3918500; 747637, 3918480; 747645, 3918470; 747652, 3918460; 747660, 
3918450; 747667, 3918440; 747673, 3918430; 747680, 3918410; 747686, 
3918400; 747693, 3918390; 747699, 3918380; 747704, 3918360; 747710, 
3918350; 747715, 3918340; 747720, 3918320; 747725, 3918310; 747730, 
3918300; 747734, 3918280; 747738, 3918270; 747742, 3918260; 747746, 
3918240; 747749, 3918230; 747752, 3918220; 747755, 3918200; 747758, 
3918190; 747761, 3918180; 747763, 3918160; 747765, 3918150; 747767, 
3918130; 747768, 3918120; 747769, 3918110; 747770, 3918090; 747771, 
3918080; 747772, 3918070.
    (ii) Map 4 follows.
BILLING CODE 4310-55-P

[[Page 56531]]

[GRAPHIC] [TIFF OMITTED] TP08NO01.003


    Dated: November 2, 2001.
Joseph E. Doddridge,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 01-28042 Filed 11-7-01; 8:45 am]
BILLING CODE 4310-55-C